Legal Maxims

LEGAL MAXIMS- COMPILED BY ADITYARAJ AND TAKEN FROM MANUPATRA
A communi observantia non est recedendum

From common observance there should be no departure. Equitable principles are supportive of basic rule of law.
They require that public necessity is greater than private necessity and absolute discretion is not the best form of proper
governance. It is for the authority, which exercises the power to show that it had the power backed by law and such
power has been exercised appropriately. A communi observantia non est recedendum. These are the principles, which
must be borne in mind before challenge to executive action is discussed. [Adv. Aires Rodrigues Vs. The State of Goa
by its Chief Secretary and Ors. MANU/MH/0039/2009.]
A communi observantia non est recedendum.

There should be no departure from common observance or usage.
A contrarlo sensu
On the contrary.
A debt is a present obligation to pay an ascertainable sum of money, whether the amount is payable in presenti
or in future
debitum in presenti, solvendum in future. Kesoram Industries v CWT MANU/SC/0142/1965 ; 1966 SC 1370-9 per K
Subba Rao J on 24.11.65.
A digniori fled debet denominatio et resolutio

The title and exposition of a thing ought to be derived from, or given, or made with reference to, the more worthy
degree, quality, or species of it.
A fortiori
With even stronger reason, which applies to a situation in which if one thing is true then it can be inferred that a
second thing is even more certainly true. A gratis: From grace or favor; as a matter of indulgence, not of right. A latere:
From the side. In connection with the succession to property, the term means "collateral".
A l'impossible nul n'est tenu

No one is bound to do what is impossible.
A lato
From the date.
A mensa et thoro
From bed and board.
A multo fortiori
By far the stronger reason, right or equity.
A nativitate
From birth, or from infancy. Denotes a congenital disability.
A non posse ad non esse sequitur argumentum necessarie negative, licet non affirmative
From the impossibility of doing a thing necessarily follows the conclusion that it has not in fact been done; but the
converse does not hold.
A piratis et latronibus capta dominium non mutant

Things taken or captured by pirates & robbers do not change their ownership.
A posteriori
From particular instances to a general principle or law; based upon actual observation or upon experimental data
A prendre
By right to take something out of the soil of another.
A priori
By reasoning from the cause to the effect. An argument founded on analogy, or abstract considerations. Refers to a
specified category of reasoning that examines given general principles to discover what particular facts or real-life
observations can be derived from them. Another name for this method is deductive reasoning.
A quo
A term used, with the correlative ad quern, (to which,) in expressing the computation of time A rendre: That which is
to be rendered or yielded.
A retro
Behind; in arrear.
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A spollatus debet ante omnia restltui

A party despoiled [forcibly deprived of possession] ought first of all to be restored.
A summo remedio ad inferiorem actionem non habetur regressus, neque auxilium

From the highest remedy, there can be no recourse (going back) to an inferior action.
A tempore cujus contradi memoria non existet

From a time of which there is no memory to the contrary.
A tort et a travers
W/o consideration.
A tort on, a droit

Right or wrong.
A verbis legis non est recedendum

From the words of the law there must be no departure.
A vinculo matrimonii
From the bond of matrimony
Ab
From, eg, ab initio; against, eg, abnormal; in charge of.
Ab abusu ad usum non valet consequentia

Use of a thing cannot be concluded from its abuse.
Ab ante
In advance.
Ab antlquo
From ancient times.
Ab assuetis non fit injuria

From things to which one is accustomed, no legal injury or wrong arises.
Ab extra
From outside.
Ab inconvenienti
An argument based upon the hardship of the case & the inconvenience to which a different course of reasoning wd
lead.
Ab initio
From the beginning.
Ab initio mundi
From the beginning of the world.
Ab intestato
From an intestate. [Intestate Succession means succession to the property of a person who has not disposed it of by
his will].
Ab intra
From within.
Ab invito
Against ones will.
Abbreviationum ille numerus et sensus accipiendus est, ut concessio non sit inanis
In abbreviations the number & sense is to be taken by which the grant is not rendered void.
Abduco
Take away.
Absence cum dolo et culpa

Wilful non-appearance to a writ, subpoena, citation etc. to delay or defeat creditors or to avoid arrest on civil or
criminal process.
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Absentia ejus qui reipublicae causa abest, neque ei, neque alii damnosa esse debet
The absence of him who is employed in the service of the state, ought not to be burdensome to him nor to others.
Absoluta sententia expositore non indiget

Plain words require no explanation.
Absque injuria
without any infringement of a right..
Abundans cautela non nocet

Abundant caution does no harm.
Accessio cedit principali

An accessory thing, when annexed to the principal thing, thereby & thereupon becomes a part of the property of the
owner of the principal thing.
Accessorium non ducit sed sequitur suum principale.

The accessory does not lead, but follow its principal.
Accessorium non ducit, sed sequitur suum principale

The accessory right does not lead but follows its principal.
Accessorium non trahit principale

The accessory does not draw the principal, eg, the release of a surety is not the release of his principal, although the
release of the principal is release of the surety also.
Accessorium sequitur naturam rei cui accedit

The accessory follows the nature of the thing to which it relates.
Accessorium sequitur principale

The accessory follows its principal; where there is no principal, there can be no accessory.
Accessorius sequit naturam sui principalis.

An accessary follows the nature of his principal
Accessorius sequitur
One who is an accessory to the crime cannot be guilty of a more serious crime than the principal offender.
Accessorius sequitur naturam sui principalis

An accessory follows the nature of his principal; an accessory cannot be guilty of a higher crime than his principal.
Accipere quid ut justitiam facias, not est tam accipere quam extorquere
To accept anything as a reward for doing justice is extortion, & not acceptance.
Accusare nemo debet se, nisi coram Deo.

No one ought to accuse himself, unless before.
Accusare nemo se debet

No one is bound to accuse oneself.
Accusator post rationabile tempus non est audiendus, nisi se bene de omissione excusaverit
An accuser ought not to be heard after the expiration of a reasonable time, unless he can account satisfactorily for
his delay.
Act malum in se
An unlawful act itself renders the accd liable for all the natural consequences arising from his act, eg, A shooting at
poultry of B intending to steal it but accidentally kills a man; he will be liable for murder.
Acta exteriora indicant interiora secreta

Acts indicate the intention; acts disclose the mind.
Acta exteriora iudicant interiora secreta

Outward acts indicate the inward intent.
Acta in uno judicio non probant in alio nisi inter easiem personas
Things done in one action cannot be taken as evidence in another unless they be between the same parties.
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Actio exteriora indicant interiora secreta.

External actions show internal secrets.
Actio nihil aliud est quam jus prosequendi in judicio quod alicui debetur
An action is nothing else than the right of pursuing in a court of justice, that which is due to one.
Actio non accrevit infra sex annos

The action has not accrued within six years.
Actio non datur non damnificato

An action is not given to one who is not injured.
Actio non datur non damnificato.

An action is not given to him who has received no damages.
Actio personalis moritur cum persona

A personal claim dies with the person
Actio personalis moritur cum persona.

A personal action dies with the person. This must be understood of an action for a tort only.
Actio poenalis in haeredem non datur nisi forte ex damno locupietior haeres factussit
A penal action is not given against an heir unless, indeed, such heir is benefited by the wrong.
Actio quaelibet it sua via

Every action follows its prescribed course.
Actiones legis
Law suits.
Actionum genera maxime suntservanda

The varieties of action are especially to be preserved. Every action must be in its proper form.
Actor qui contra regulam quid abduxit, non est audiendus

Who advances anything against an authority or a proposition against the rules of law is not to be heard.
Actor qui contra regulam quid adduxit, non est audiendus

He ought not to be heard who advances a proposition contrary to the rules of law.
Actor sequitur forum rei.

The plaintiff must follow the forum of the thing in dispute.
Actor sequitur forum rel

The plaintiff follows the forum of the thing. The plaintiff follows the Court of the defendant.
Actore non probante reus absolvitur.

When the plaintiff does not prove his case, the defendant is absolved.
Actori incumbit onus probandi

The burden of proof lies on the plaintiff.
Actorl non probante absolvitur reus

When plaintiff does not prove his case, the defendant is acquitted.
Actus curiaz neminem gravabit

An act of the court shall prejudice none.
Actus Dei nemini facit injuriam

Act of God injures none.
Actus Dei nemini facit injuriam.

The act of God does no injury; that is, no one is responsible for inevitable accidents
Actus Dei nemini nocet

Act of God does not render an act a nullity.
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Actus incaeptus cujus perfectio pendet, ex voluntate partium, revocari potest; si autem pendet ex vo
An act already begun, the completion of which depends upon the will of the parties, may be recalled; but if it depend
on the consent of a third person, or of a contingency, it cannot be recalled
Actus incseptus cujus perfectio pendet ex voluntate partium revocari potest

si autem pendet ex voluntate tertire persona vel ex contingenti revocari non potest: An act already begun, the
completion of which depends upon the will of the parties, may be revoked, but if it depends on the will of a third person,
or on a contingency, it cannot be revoked.
Actus judiciarius coram non judice irritus habetur

de ministeriall ateem a quocunque provenit ratum esto: A judicial act done without authority is void, not so a
ministerial act.
Actus legis nemini est damnosus /Actus legis nemini facit injuriam
The act of the law shall prejudice none:
Actus legis nemini facit injuriam,

The act of the law does no one an injury.
Actus legitimi non recipiunt modum

Acts required by law to be done, admit of no qualification.
Actus me invito factus, non est meus actus.

An act done by me against my will, is not my act.
Actus ne invito factus non est meus actus

An act done by one against ones will is not ones act.
Actus nemini facit injuriam

The act of the law does no one wrong.
Actus non facit reum nisi mens sit rea

The act does not make one guilty unless there be a criminal intent.
Actus non facit reum, nisi mens sit rea

Act itself does not constitute crime unless done with the guilty mind.
Actus non reum facit, nisi mens sit rea.

An act does not make a person guilty, unless the intention be also guilty. This maxim applies only to criminal cases;
in civil matters it is otherwise
Actus repugnum non potest in esse produce

A repugnant act cannot be brought into being: it cannot be made effectual.
Actus reus
A guilty deed or act.
Actus servi in Hs quibus opera ejus communitur adhihita actus domini habetur
The acts of a servant in those things in which he is usually employed is considered the acts of his master.
Ad
At, by, concerning, for, near, of, on account of, to, until, upon.
Ad abundantio rem cautelam

For greater or more abundant caution.
Ad alium diem
At another day.
Ad audiendum
To hear.
Ad certum diem
At a certain day.
Ad communem legem
At the common law.
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Ad curiam
At a court.
Ad damnum
To the damage.
Ad defendendum
To defend.
Ad diem
At the day.
Ad ea quae frequentius acciduunt jura adaptantur

The laws are adapted to those cases which occur more frequently.
Ad exitum
At the end of the pleadings; at issue.
Ad fidem
In allegiance.
Ad filum aqua
To the middle of a stream.
ad finem
at the end
Ad hoc
For this purpose
Ad infinitum
Forever, without limit, to infinity.
Ad instantiam
At the instance.
Ad interim
In the interval/meantime.
Ad libitum
At pleasure.
ad litem
appointed for a lawsuit
Ad Longum
At length.
Ad miserl cardium
Out of desperation.
Ad Mum via
To the middle of the way.
Ad nauseam
Disgusting.
Ad perpetuam rei memoriam

For a perpetual memorial of the matter.
ad personam
personal
Ad proximum antecedens fiat relatio, nisi impediatur sententia.

The antecedent bears relation to what follows next, unless it destroys the meaning of the sentence.
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Ad proximum antecedens fiat relatlo/nisi impediatur sententia

Relative words refer to the next antecedent unless by such a construction the meaning of the sentence would be
impaired.
Ad punctuam temposis
At the point of time.
Ad quEestionem facti non respondent indices; ad quEestiones legis non respondent juratores
As regards cases tried by a Judge & jury, the Judge does not decide questions of fact & the jury do not decide
questions of law. In other words, it is the office of the judge to instruct the jury in points of law, of the jury to decide on
matters of fact.
Ad quEestionem legis respondent judices

To questions of law, the judges answer.
Ad quem
To which.
Ad referendum
For reference & consideration.
ad rem
to the point; to the purpose
Ad seriatum
In aerial order:
Ad tristam partem strenua est suspicio

Suspicions strongly rests on the unfortunate side.
Ad tune et ibidem
At the time & in the same place.
Ad valorem
In proportion to the value;
Ad verbum
Word for word.
Ad vim majorem vel ad casus fortuitos non tenetur gills, nisi sua culpa ihtervenerit
No one is held to answer for the effects of a superior force, or of accidents unless his own fault has contributed to
them.
Ad vitam aut culpam

For life or till misconduct, usually applied to the tenure of office.
Additio probat minoritatem

An addition proves deficiency.
Administratio ad litem
An administrator of a deceased persons estate appointed for the purpose of litigation only.
Administratio cum testamento annexo

That which is granted where no executor is named in the will, or where the one named dies, or is incompetent or
unwilling to act; administration with the will annexed.
Administratio de bonis non cum testamento annexo

That which is granted when an. administrator dies leaving a part of the estate unadministered.
Administratio durante absentia

An administrator appointed to act during the absence of appointed administrator; that which subsists during the
absence of the executor.
Administratio durante minore estate

An administrator appointed to act during the minority of the executor or of the person legally entitled to a grant of
letters of administration.
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Administratio pendente lite

An administrator appointed to administer an estate pending any suit respecting the validity of a will or any other
matter in dispute.
Administratio tedificare in tuo proprio sdlo non licet quod alteri noceat
It is not permitted to build upon ones own land what may be injurious to another. Hence, an action lies if by an
erection on his own land, a man causes a nuisance by obstructing anothers ancient lights.
Administratio, ancillary
That which is subordinate to the principal administrator, for collecting the assets of foreigners, taken out in the
country where the assets are locally situate.
Adversus periculum naturalis ratio permittit se defendere

Natural reason allows one to defend oneself against danger.
Aedificare in tuo proprio solo non licet quod alteri noceat

It is not lawful to build on one's own land what may be injurious to another.
aemulatio vicini
spite against one's neighbour which, if a motive, may render unlawful an act other
Aequilas sequitier legem.

Equity follows the law.
Aequitas agit in personam.

Equity acts upon the person.
Aequitas legem sequitur

Equity follows the law.
Aequitas nunquam contravenit legem

Equity never contradicts the law
Aequum et bonum est lex legum

What is equitable & good is the law of laws.
Aequum et bonum, est lex legum

What is good and equal, is the law of laws.
Aestimatio praeteriti delicti ex postremo facto nunquam crescit

The weight of a past offend, is never increased by subsequent fact.
Aestimatio praeteriti delicti ex postremo facto nunquam crescit.

The estimation of a crime committed never increased from a subsequent fact.
Affectio tua nomen imponit operi tuo

The affection of a person gives a name to his work.
Affects punitur licet non sequitur effectus

The intention is punished although the consequence does. not follow.
Affinis mei, affinis non est mihi affinis

A person related by affinity to one who is not related to me by affinity is not related to me by affinity.
Affirmanti non neganti incumbit probatio

The burden of proof lies upon him who affirms, not upon him who denies.
Affirmati, non neganti incumbit probatio.

The proof lies upon him who affirms, not on him who denies.
Agentes et consentientes pan poena plectentur

Acting & consenting parties are liable to the same punishment.
Aggregatio mentium
Literally, the meeting of the minds; the moment when a contract is complete.
Agreementum
A word compounded of two words, viz, aggregatio & mentium. And so by the contraction of the two words, viz,
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agreementum, which is no other than a union, collection, copulation, & conjunction of two or more minds in anything
done or to he done.
Ah acts
An officer in charge of public records & registers.
Alia intuitu
With the motive other than the ostensible & proper one.
Alibi
At another place, elsewhere.
Alienatio licet prohibeatur consensu tamen omnium in quorum favorem prohibits est potest fieri
Although alienation be prohibited, yet it may take place with the consent of all the persons in whose interests it is
prohibited.
Alienatio licet prohibeatur, consensu tamen omnium in quorum favorem prohibits est, potest fieti, et quilibet
potest renunciare juri pro se introducto
Although alienation be prohibited, yet, by the consent of all in whose favour it is prohibited, it may take place; for it is
in the power of any man to renounce a law made in his own favour.
Alienatio rei praefertur juri accrescendi

Alienation is preferred by law rather than accumulation.
Alienatio rei prmfertur juri accrescendi

Alienation rather than accumulation is favoured by the law.
Aliquid conceditur ne injuria remanerit impunita quod alias non concederetur

Something is conceded, which would not otherwise be conceded, lest an injury should be left unpunished.
Aliquis non debet esse judex in propria causa quia non potest esse judex et pars
No man ought to be a judge in his own cause, because he cannot act as judge & at the same time be a party.
Aliud est celare aliud tacere

Silence is not equivalent to concealment.
Aliud est celare, aliud tacere.

To conceal is one thing, to be silent another.
Aliud est distinctio aliud separatio

Distinction is one thing, separation is another.
Aliud est possidere aliud esse in possessione

It is one thing to possess, another to be in possession.
Aliud est vendere, aliud vendenti consentire

To sell is one thing; to consent to sell is another. Allegans contraria non est audiendus; He who alleges contradictory
things is not to be heard.
Aliunde
From elsewhere, or, from a different source
Allegans contraria non est audiendus

One making contradictory statements is not to be heard.
Allegans suam turpitudinem non est audiendus

One alleging his own infamy is not to be heard.
Allegari non debuit quod probatum non relevat

That ought not to be alleged which, if proved, is not relevant.
Allegata et probata
Allegations & proof.
Allegata probanda
Material allegations of fact or law.
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Allegatio contra factum non est admittenda

An allegation contrary to a deed is not to be heard.
Alterius circumventio alii non pnebet actionem

No action can be based upon fraud.
Alternatica petitio non est audienda.

An alternate petition is not to be heard.
Alternativa petitio non est audienda

An alternative petition is not to be heard.
altius non tollendi

a servitude preventing the servient owner from building beyond a certain heigh
Ambigua responsio contra proferentem est accipienda

An ambiguous answer is to be interpreted against the party who delivers it.
Ambiguis casibus semper prwsumitur pro rege

In doubtful cases the presumption is always in favour of the Crown.
Ambiguitas contra stipulatorem est

An ambiguity is most strongly construed against the party using it.
Ambiguitas verborum latens verificatione suppletur; nam quod exfacto oritur ambiguum verificatione f
A hidden ambiguity of the words is supplied by the verification, for whatever ambiguity arises concerning the deed
itself is removed by the verification of the deed.
Ambiguitas verborum patens nulla verificatione excluditur

A patent ambiguity is never helped by averment.
Ambiguitas verborum patens nulla verificatione exduditur

A patent ambiguity cannot be cleared by extrinsic evidence.
Ambiguum placitum interpretari debet contra proferentem

An ambiguous pleading ought to be construed against the party offering or delivering it.
Ambulatoria est voluntas defuncti usque ad vita supremum exitum

The will of a deceased person is changeable until the last moment of life.
Amicus curiae
A friend of the Court.
Amicus Curim
Friend of Court, ie, a third party to assist Court.
Amour propore
self respect.
Angliae jura in omni casu libertati dant favorem

The laws of England are favorable in every case to liberty.
Animo furandi
With an intention of stealing.
Animo manendi
Intention of permanence.
Animo testandi
With an intention of making a will.
Animus ad se omne jus ducit.

It is to the intention that all law applies.
Animus apiendi
Intention of taking.
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Animus cancellandi
Intention of cancelling.
Animus dedicandi
Intention of dedicating.
Animus defamandi
Intention of defaming.
Animus dere liquendi

Intention of abandoning.
Animus deserendi
Intention of deserting, ie, bringing cohabitation permanently to an. end.
Animus donandi
Intention of donating.
Animus et factum
Combination of intention with the act.
Animus fruandi
Intention to defraud; Intention of wrongful appropriation.
Animus hominis est anima scripti

The intent of a man is the soul of his writing. In order to give life or effect to an instrument, it is necessary to look to
the intention of the individual who executed the same.
Animus imponentis
Intention of the law maker expressed in the law itself:
Animus manendi or morandi

Intention of living.
Animus moninis est anima scripti

The intention of the party is the soul of the instrument.
Animus possidendi
Intention of possessing.
Animus quo
Intention with which.
Animus recipiendi
Intention of receiving.
Animus recuperandi
Intention of recovering.
Animus republicandi
Intention of republishing.
Animus restituendi
Intention of restoring.
Animus revertendi
Intention of returning. Intention to reside in the premises in question.
Animus revocandi
Intention of revoking.
Animus testandi
Intention of making a will.
Anna in armatos sumere jura sinunt

The law permits us to take up arms against the armed.
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Annus luctus
The year of mourning.
Ante
Before.
Anticipitis usus
Of doubtful use.
Apices juris non sunt jura

Mere niceties of law are not law.
Apices juris non sunt jura.

Points of law are not laws.
apud acta
at the time of the proceedings
Aqua cedit solo.

The water yields or accompanies the soil. The grant of the soil or land carries the water.
Aqua curit et debet currere.

Water runs and ought to run.
Aqua currit et debet currere, ut currere solebat

Water runs and ought to run.
Arbitrium boni
The view which would be taken by the good & worthy people: Sonakka Goaplagowda v UR Anantha Murthy IJR
1988 Kar 21.409-24.
Arbitrium est judicium boni viii, secundum aequum et bonum

An award is the judgment of a good man, according to justice.
Arbitrium est judicium.

An award is a judgment.
Arbor dum crescit; lignum cum crescere nescit

A tree while it grows, wood when it cannot grow.
Arguendo
In the course of argument.
Argumenta ignota et obscura ad lucem rationis proferunt et reddunt splendida

Arguments bring things hidden & obscure to the light of reason & render them clear.
Argumentum a communiter accidentibus in jure frequens est

An argument drawn from common understanding of a thing is common in law.
Argumentum a divisione est fortissimum in jure

An argument from division is of the greatest force in law.
Argumentum a majori ad minus negative non valet- valet e converso

An argument from the greater to the less is of no force negatively; affirmatively it is.
Argumentum a simili valet in lege

An argument from a like or analogous case is good in law
Argumentum ab auctoritate est fortissimum in lege

An argument from authority is the strongest in law.
Argumentum ab auctoritate fortissimum est in lege

An argument drawn from authority is the strongest in law.
Argumentum ab authoritate est fortissimum in lege

An argument drawn from authority is the strongest in law.
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Argumentum ab impossibili plurimum valet in lege

An argument from an impossibility is of weight in law.
Argumentum ab impossibilii plurimum valet in lege

An argument from impossibility is very strong in law.
Argumentum ab inconvenient
Argument from being caught in inconvenience (arising from cross question of court) is no answer:
Argumentum ab inconvenienti est validum in lege; quia lex non permittit aliquod inconveniens.
An argument drawn from what is inconvenient is good in law, because the law will not permit any inconvenience.
Argumentum ab inconvenienti est validum in lege; quits lex non permittit aliquod inconveniens
An argument drawn from what is inconvenience is good in law, because the law will not permit any inconvenience.
Argumentum ab inconvenienti plurimum valet in lege

An argument drawn from inconvenience is forceful in law.
Argumentum ad hominem
An argument directed a the person.
Argumentum ad ignoratiam
An argument based upon ignorance (i.e. of one's adversary).
Argumentum divisione est fortissimum in jure.

An argument arising from a division is most powerful in law.
Argumentum majori ad minus negative non valet; valet converso.

An argument from the greater to the less is of no force negatively; conversely it is.
Argumentum simili valet in lege.

An argument drawn from a similar case, or analogy, avails in law.
Arma in armatos sumere jura sinunt

The laws permit the taking up of arms against the armed.
Assensio mentium
Meeting of minds. Mutual assent/consent.
Assentio mentium
The meeting of minds, i.e. mutual assent.
Assignatus utitur jure auctoris

An assignee is clothed with rights of his assignor.
Aucupia verborum sunt judice indigna

Quibbles are beneath the dignity of a judge. Catching at words is unworthy of a judge.
Audi alteram partem

Hear the other side.
Audietur et altera pars

Hear the other side: UOI v Tulsiram 1985 SC 1416-56.
Augupia verforum sunt judice indigna.

A twisting of language is unworthy of a judge.
Augusta legibus soluta non est

The wife of the Emperor is subject to the Laws. Even the queen is not exempted from subjection to the laws of the
country.
Aula regis
The King's Court.
Auter(re) droit
Anothers right.
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Autrefois convict
Previous conviction by a competent court of law is a bar to further prosecution for the same offence.
avizandum
the period during which the court considers its judgement
Benedicta est expositio quando res redimitur a destructione

Blessed is the exposition when anything is saved from destruction. It is a laudable interpretation which gives effect to
the instrument, and does not allow its purpose to be frustrated.
beneficium
a privilege, benefit, or right
Beneficium invito non datur

A benefit cannot be conferred upon a person not willing to accept it.
Benignae faciendx sunt interpretationes chartarum, ut res magis valet quam pereat
Liberal interpretations are to be made of deeds, so that the purpose may rather stand than fall; and every grant is to
be taken most strongly against the grantor. A construction which reduces the statute to a futility has to be avoided. A
statute or any enacting provision therein must be so construed as to make it effective and operative on the principle
expressed in maxim ut res magis valet quam pereat i.e. a liberal construction should be put upon written instruments,
so as to uphold them, if possible, and carry into effect the intention of the parties. [Commissioner of Income Tax Vs.
Hindustan Bulk Carriers MANU/SC/1215/2002]
Benignae faciendx sunt interpretationes propter simplicitatem laicorum ut res magis valeat quam pereat
et verba intentioni, non e contra, debent inservire : Constructions of written instruments has to be made liberally, on
account of the simplicity of the laity, in order that the thing [or subject-matter] may rather have effect than perish or
become void.
Benignior sententia in verbis generalibus seu dubiis est preferenda

The more favorable construction is to be placed on general or doubtful words.
Benignius leges interpretandae sunt quo voluntas earum conservatur

Laws are to be more liberally interpreted in order that their intent may be preserved.
Benignor sentetia in verbis generalibus seu dubiis est proeferenda

The most favourable construction is to be placed on general or doubtful expression.
Bis dat qui cito dat

He gives (pays) twice who pays promptly.
Bona /Bono
Good.
Bona fides exigit ut quod convenit fiat

Good faith demands that what is agreed upon shall be done.
Bona fides non patitur ut bis idem exigatur

Good faith does not allow us to demand twice the payment of the same. thing.
Bona fides non patitur, ut bis idem exigatur.

Natural equity or good faith do no allow us to demand twice the payment of the same thing.
Bona gestura
Good behaviour.
Bona vacantia
Goods without an owner
Bonae fidie possessor in id tentum quod ad se pervenerit tenetur

A possessor in good faith is liable only for that which he himself has obtained.
Boni judicis est ampliare jurisdictionem

A better Judge will if necessary, extend the limits of his jurisdiction. It is a part of the duty of a good Judge to enlarge,
ie, use liberally his remedial jurisdiction or authority. [Khushal Mani Vs. Collector and Ors. MANU/UC/0180/2004]
14
Boni judicis est ampliare jurisdictionem.

It is the part of a good judge to enlarge his jurisdiction; that, his remedial authority.
Boni judicis est causas litium derimere.

It is the duty of a good judge to remove the cause of litigation.
Boni judicis est causas litium dirimere

It is the duty of a good Judge to remove the causes of litigation.
Boni judicis est judicium sine dilatione mandare executioni

It is the duty of a good judge to cause execution to issue on a judgment without delay.
Boni judicis est lites dirimere, ne lis ex lite oritur, et interest reipublicw ut sint fines litium
It is the duty of a good judge to put an end to litigation, that suit may not grow out of suit; & it concerns the welfare of
the State that an end be put to litigation. Boni judicis est lites dirimere, ne lis ex lite oritur; et interest reipublicae ut sint
fines litium -- It is the duty of a good judge to prevent litigations, that suit may not grow out of suit, and it concerns the
welfare of a state that an end be put to litigation [P. Mannarsswamy Vs. Margadarsi Chits Limited
MANU/TN/1118/2010;Khushal Mani Vs. Collector and Ors. MANU/UC/0180/2004]
Boni judicis lites dirimere est

It is the duty of a good judge to prevent litigation.
Bonitas tota wstimabitur cum pars evincitur

The value of the whole may be estimated when a part is proved.
Bonum defendentis ex integr caus, malum ex quolibet defectu.

The good of a defendant arises from a perfect case, his harm from some defect.
Bonum defendentis ex integra causa; malum ex quolibet defectu

The success of a Defendant depends on a perfect case; his loss arises from some defect.
Bonum necessarium extra terminos necessitatis non est bonum

A good thing required by necessity is not good beyond the limits of such necessity.
Bonum necessarium extra terminos necessitatis non est bonum.

Necessary good is not good beyond the bounds of necessity.
Bonum vacans
Property without an owner of any sort.
Bonus judex secundum quum et bonum judicat, et xquitatem stricto juri pnefert
A good judge decides according to justice and right and prefers equity to strict law. Bonus Judex secundum aequum
et bonum Judicat aequitatem stricto Juri praefert - a good Judge decides according to Justice, and right and prefers
equity to strict law. I commend the Judge observed Lord Hobart, that seems fine and ingenious, so it tend to right and
equity; and I condemn them that either out of pleasure to show a subtle wit will destroy, or out of incuriousness or
negligence will not labour to support, the act of the party by the art or act of the law. [Appavoo Nadar Vs. Chellian
Nadar and Ors. MANU/TN/0314/1985]
Breve judiciale debet sequi suum originale, et accessorium suum principale

A Judicial writ ought to follow its original, an accessary its principal. The profits may well be regarded as accretions,
to the property which has yielded them and ought to belong to the owner of such property, in accordance with the
maxim accessorium sequitur suum principals, the accessory right follows the principalö [Mahammad Kamil and Ors. Vs.
Haji Hedayatulla MANU/WB/0244/1921]
Breve judiciale non cadit pro defecto formae

A Judicial writ fails not through defect of form.
Breve judiciale non cadit pro defectu formae

A judicial writing does not fail through defect of form.
C'est le crime qui fait la honte, et non pas l'echafaud.

It is the crime which causes the hsame, and not the scaffold.
Cadit quaestio
The matter admits of no further argument.
15
Carte blanche
Full freedom, unlimited authority.
Cassetur billa (breve)

Let the writ be quashed.
Casus belli
An occurrence giving rise to or justifying war
Casus major
A casualty ; an extraordinary casualty, as fire, ship.
Casus omissus
An omitted case. When a statute or an instrument of writing undertakes to foresee and to provide for certain
contingencies, and through mistake, or some other cause, a case remains to be provided for, it is said to be a casus
omissus. For example, when a statute provides for the descent of intestates estates, and omits a case, the estate
descends as it did before the statute, whenever that, case occurs, although it appear to be within the general scope and
intent of the statute.
Casus omissus et oblivione datus dispositioni communis juris relinquitur.

A case omitted and given to oblivion is left to the disposal of the common law.
Catalla just possessa amitti non possunt.

Chattels justly possessed cannot be lost.
Catalla juste possessa amitti non possunt

Chattels justly possessed cannot be lost.
Catalla reputantur inter minima in lege

Chattels are considered in law among the minor things.
Causa causae est causa causait

The cause of a cause is the cause of the thing caused. The cause of the cause is to be considered as the cause of
the effect also.
Causa causans
The immediate cause ; the last link in the chain of causation.ö
Causa causataor proxima

The immediate cause of action
Causa celebra
A single trial or decision is often called a "cause celebre," when it is remarkable on account of the parties involved or
the unusual, interesting, or sensational character of the facts; celebrated legal cases.
Causa consanguinitatis
By reason of consanguinity.
Causa et origio est materia negotii

The cause & origin is the substance of the thing.
Causa impotentiµ
By reason of impotence.
Causa justa
A just cause.
Causa mortis
Cause of death.
Causa proxima et non remota spectator

The immediate, not the remote, cause, is looked at, or considered. It is a well established principle of [the common]
law, that in all cases of loss we are to attribute it to the proximate cause, and not to any remote
Causa proxima, non remota spectatur

The immediate, and not the remote cause is to be considered.
16
Causa rei
The accessions, appurtenances, or fruits of a thing; comprehending all that the claimant of a principal thing can
demand from a defendant in addition thereto, and especially what he would have had, if the thing had not been withheld
from him.
Causa remota
A remote or mediate cause; a cause operating indirectly by the intervention of other causes.
Causa sine qua non

A necessary or inevitable cause; a cause without which the effect in question could not have happened
Causa turpis
A base (immoral or illegal) cause or consideration.
Causa vagu et incerta non est causa rationabilis

A vague & uncertain cause is not a reasonable cause.
cause
Causa proxima et non remota spectator [Csx Transportation, Inc. Vs. Robert Mcbride MANU/USSC/3332/2011]
Causus fortuitus non est sperandus, et nemo tenetur divinare

An inevitable accident, a chance occurrence, or fortuitous event. A fortuitous event is not to be foreseen, and no
person is held bound to divine it: a loss happening in spite of all human effort and sagacity
Causus omissus pro omiso habendus est

A person, object, or thing omitted from an enumeration in a statute must be held to have been omitted intentionally.
Cautio
Security for performance; security in an action.
Cautio fide jussoria

Security given by sureties, pledgers or bondsmen.
Cautio pigno ratitia

Security given by way of pledge, as money or other goods.
Cautio pro expensis

Security for costs.
Caveat emptor.
Let the purchaser beware.
Caveat venditor
Let the seller beware.
Cavendum est fragmentis.

Beware of fragments
Cepi corpus et est languidum

I have taken the body and the prisoner is sick.
Cepi corpus et paratum habeo

I have taken the body and have it ready.
Certa debet esse intentio, et narratio, et certum fundamentum, et certa res quµ deducitur in judicium
The design and narration ought to be certain, and the foundation certain, which is brought into court to be tried.
Certum est quod certum reddi potest

That is certain which can be rendered certain.
Cessante causa cessat effectus

The cause ceasing, the effect ceasing.
Cessante causa, cessat effectus.

The cause ceasing, the effect must cease.
Cessante ratione legis, cessat ipsa lex

Reason of the law ceasing, the law itself ceases also. on is the soul of the law: when the reason of any particular law
17
ceases, so does the law itself. It does not apply to statute law, since the statute continues to exist until it is repealed by
another statute. On the other hand, when the principle behind a decision disappears, the decision ceases to be
authority, & no judge is bound to follow it.
Cessante statu primitivo, cessat derivativus

When the primitive or original estate determines, the derivative estate determines also
Cessat effectus cessat causa

The cause ceasing, the effect ceasing.
Cestui que
Beneficiary.
Cestui que trust

Beneficiary who possesses the equitable right to property & receives the rents & profits thereof, the legal estate of
which is vested in trustees.
Cestui que use

A person for whose life any lands, tenements, or hereditaments are held by another
Cestui que vie

The person for whose life any lands, tenements, or hereditaments are held by another.
Ceteris paribus
Other things being equal.
Charta de non ente non valet

A deed relating to a thing not in existence is of no avail.
Charta de non ente non valet.

A charter or deed of a thing not in being, is not valid.
Child en ventre sa mere

A child in the womb of the mother. From the time of conception, the infant is in esse for the purpose of taking any
estate which is for his interest whether by descent or devise.
Chirographum apud debitorem repertum prµsumitur solutum

An evidence of debt found in the debtorÆs possession is presumed to be paid
Chirographum apud debitorem repertum praesumitur solutum.

A deed or bond found with the debtor is presumed to be paid.
circa
approximately
Circuitus est evitandus

Circuity is to be avoided.
Circuitus est evitandus, et boni judicis est lites dirimere ne lis ex lite oriatur
Circuity is to be avoided, æCircuityÆ means being or taking a roundabout, lengthy course. O & it is the duty of a
good judge to determine litigation lest one lawsuit arise out of another.
Circuitus est evitandus.

Circuity is to be avoided.
Clausula generalis de residuo non ea complectitur, quae non ejusdem sint generis cum iis quµ speciatim dicta
fuerint
A general clause of remainder does not embrace those things which are not of the same kind with those which had
been specially mentioned.
Clausula generalis non refertur ad expressa

A general clause does not refer to things expressed.
Clausula inconsuetae semper indicunt suspicionem.

Unusual clauses always induce a suspicion.
Clausula quae abrogationem excludit ab initio non valet.

A clause in a law which precludes its abrogation, is invalid from the beginning.
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Clausula rebus sic stantibus

The doctrine that a treaty is intended by the parties to be binding only as long as there is no vital change in the
circumstances assumed by the parties at the time of conclusion of the treaty.
Clausula vel dispositio inutilis per praesumptionem remotam vel causam, ex post facto non fulcitur
A useless clause or disposition is not supported by a remote presumption, or by a cause arising afterwards.
Cogitationis poenam nemo patitur meretur

One cannot be punished for ones intention unless evinced by an overt act.
Cogitationis poenam nemo patitur.

No one is punished for merely thinking of a crime.
Cohaeredes sunt quasi unum corpus, or (una persona consentur,) propter unitatem juris quod habent
Co-heirs are deemed as one body, or one person, on account of the unity of right which they possess
Coitus Interruptus
Act of sexual intercourse when the penis is taken out before emission (discharge of semen) in uterus, may be to
avoid pregnancy, or when some one knocks at the door.
Collegium seu corpus corporatum nisi regnis constitutionibus non potest existere
A college or incorporated body can only exist by consent of the sovereign.
Commercium jure gentium commune esse debet, et non in monopolium et privatume paucorum quaestum
convertendum
Commerce by the law of nations ought to be common, and not converted to monopoly and the private gain of a few.
Commodum ex injuri su non habere debet.

No man ought to derive any benefit of his own wrong
Commodum ex injuria sua nemo habere debt

Convenience cannot accrue to a party from his own wrong. No person ought to have advantage of his own wrong.
Communis error facit jus.

A common error makes law. What was af first ellegal, being repeated many times, is presumed to have acquired the
force of usage, and then it would be wrong to depart from it. The converse of this maxim is communis error no facit just.
A common error does not make law.
Communiter unum officium est excusatio alterius

The performance of one duty is commonly the excuse for the non-performance of another.
Compos
Able to understand.
Compos menties
Sound in mind. Having use and control of ones mental faculties.
Compromissari sunt judices

Arbitrators are judges.
Conditio ad liberum tenementum auferendum non nisi, ex facto placitari debet

An argument for taking away a free tenure not to be pleaded except from the deed.
Conditio beneficialis, quµ statu, coµstruit, benigne secundum verborum intentionem, est interpretanda; odiosa,
autem, quµ statum destrait, stricte secundum verborum proprietatem, accipienda
A beneficial condition, which creates as estate, ought to be construed favourably according to the intention of the
words; but a condition which destroys an estate is odious, and ought to be construed strictly according to the letter of
the words.
Conditio dicitur cum quid in casum incertum qui potest tendere ad esse aut non esse confertur
It is called a condition when something is given on an uncertain event, which may or may not come to pass.
Conditio ex parte extincta ex toto extinguitur

An agreement extinguished in part is wholly extinguished.
Conditio illicita hebetur pro non adjecta

An unlawful condition is deemed as not annexed.
19
Conditio indebit
An action for the recovery of a sum of money or other thing paid by mistake.
Conditio liberum tenementum cassans non per nuda verba sine charta valebit
An agreement making void a free tenement will have no weight by bare words without writing.
Conditio neninem juvabit nisi qui pars fuerit ant privus

An agreement shall avail no one, unless he shall have been a party, or privy to it
Conditio prµcedens adimpleri debet priusquam sequatur effectus

A condition precedent must be fulfilled before the effect can follow. In case of a conditional contract the condition
precedent must happen before either party becomes bound by the contract
Conditio rei furtivµ, quia rei habet persecutionem haeredem quoque furis obligat
The appointment of an action on a certain day relating to the production of stolen goods, since it implies a condition
that binds the heirs of the thief also.
Conditionem testim tunc inspicere debemus cum signarem, non mortis tempore
The condition of witnesses, when they sign and not when they die, is to be considered
Conditiones prµcedentas ad norman legis severe exigendµ aliter de subsequentibus ubi µquitati licet damnum
rei infectµ pensare
Preceding agreements must be rigorously executed according to the rules of law; but it is otherwise concerning
subsequent agreements where equity is allowed to make up for the loss incurred by the failure.
Conditiones quµlibet odiosµ; maxime autem contra matrimonium et commercium

Any conditions are odious, but especially those which are in restraint of marriage and commerce
conductio indebiti
an action for repayment of money paid in error
Confessio facta in judicio omni probatione major est.

A confession made in court is of greater effect than any proof
Confirmare est id quod prius inflrmum firmare

To confirm is to make strong that which was before not strong
Confirmare nemo potest priusquam jus ei accident

No person can confirm a right before the right shall come to him.
Confirmare nemo potest priusquam just ei acciderit.

No one can confirm beforethe right accrues to him.
Confirmat usum qui tollit abusum

He confirms the use who removes its abuse.
Confirmatio est nulla ubi donum proecedens est invalidum

Confirmation is void where the preceding gift is invalid; an illegal act cannot be rendered valid by a subsequent
confirmation.
Confirmatio est nulla, ubi donum praecedens est invalidum.

A confirmation is null where the preceding gift is invalid.
Confirmatio est possessions jure defective per eos quorum jus est rathabitio
Confirmation of a possession defective in law is a ratification by means of those whose right it is.
Confirmatio omnes supplet (defectus, licet id quod actum est ab initio non valuit)
Confirmation supplies all defects, though that which had been done was not valid at the beginning.
Conjunctio mariti et faeminae est de jure naturae.

The union of a man and a woman is of the law of nature.
Conjunctio mariti et feminµ est de jure nature

The union of husband & wife is of the law of nature.
Consanguineus est quasi eodem sanguine natus

A person related by consanguinity is, as it were, sprung from the same blood.
20
Conscientia legalise lege fundatur

Legal conscience is founded upon the law. At one stage our conscience made us hesitant in granting relief as the
Petitioners conduct in not making contribution, in employees provident fund scheme and in not transferring them to the
fund did not justify any relief to them. But we are reminded that in such matters it is the legal conscience which must
take decision. We are reminded of certain Latin Maxims, CONCIENTIA LEGALISE, LEGE FUNDATUR, which connotes
that the legal conscience must be founded upon the law. The next is CONCIENTIA LEGI NUNQUAM CONTRAVENIT
which connotes that legal conscience never contravenes the law, and the third maxim is CONSCIENTIA LEGIS EX
LEGI PENDET, which connotes that the conscience of the judge in a law court depends upon the law. [India Supplies
Engineering Works Limited and Anr. Vs. State of Uttar Pradesh Ors.]
Conscientia legi nunquam contravenit

Conscience never contravenes the law.
Conscientia legis ex lege pendet

The conscience of the law depends upon the law.
Consecratio est periodus electionis; electio est proeambula consecrationis

Consecration is the termination of election; election is the preamble of consecration.
Consensu
Unanimously or, by general consent.
consensus
agreement
Consensus ad idem
Agreement as to the same things.
Consensus est voluntas plurium ad quos res pertinet, simul juncta

Consent is the joint will of many, to whom the thing at the same time belongs ; and in criminal cases the silence of a
person present presumes consent : in civil cases, sometimes, that of the person absent, and even ignorant where his
interest lies, does the same
Consensus facit jus

Consent makes law. This maxim must be read in the limited sense, that the parties have made that to be law for
themselves to which they have agreed to be bound. Consent makes law. This maxim cannot be read to mean that the
parties can enter into any agreement which is contrary to law or illegal or against the public policy. Though in certain
area like Arbitration, the parties agree to submit their differences to be settled by the Arbitrator or Mediator, subject to
the agreed terms and conditions, they will be bound by such consent agreement. [Sealand Shipping and Export Pvt.
Ltd., a Company incorporated under The Companies Act, 1956 Vs. Kinship Services (India) Pvt. Ltd.
MANU/MH/0774/2011]
Consensus facit legem.

Consent makes the law. A contract is a law between the parties, which can acquire force only by consent.
Consensus non concubitus facit nuptiam.

Consent, not lying together, constitutes marriage.
Consensus tollit errorem

Consent (acquiescence) removes mistake.
Consensus tollit errorem.

Consent removes or obviates a mistake.
Consensus, non concubitus, facit matrimonium

Consent & not coition constitutes marriage. Consensus non concubitus facit matrimonium, the maxim of the Roman
civil law, is, in truth, the maxim of all law upon the subject; for the concubitus may take place, for the mere gratification
of present appetite; without a view to anything further, but a ; marriage must be something more, it must be an
agreement of the parties looking to the consortium vitae, an agreement indeed of parties capable of the concubitus, for
though the concubitus itself will not constitute marriage, yet it is so far one of the essential duties, for which the parties
stipulate, the incapacity of either party to satisfy that duty nullifies the contract. [Dr. Thomas Titus Vs. Mrs. Roja Titus
and Anr. MANU/KE/0070/1992.]
Consentientes et agentes pari poen plectentur.

Those consenting and those perpetrating are embraced in the same punishment.
21
Consentientes et agentes, pari poena plectentur

They who consent to an act, and they who do it, shall be visited with equal punishment.
Consentire est facere

To consent to a thing is to do a thing.
Consentire matrimonio non possunt infra annos nubiles

Consent to a marriage is not possible in the parties before marriageable years.
Consequentiae non est consequentia.

A consequence ought not to be drawn from another consequence
Consequential non est consequentia

The consequence of a consequence does not exist.
Consilia multorum quµruntur in magnis

The counsels of many are required in great things.
Consilii non fraudulentia nulla obligatio est; coeterum si dolus et calliditas intercessit, de dolo actio competit
There is no obligation not to give fraudulent counsel; but if fraud & cunning intervene, an action is competent
concerning the craft.
Consilii, non fraudulenti, nulla est obligatio.

Advice, unless fraudulent, does not create an obligation.
Constructio contra rationem introducta, potius usurpatio quam consuetudo appellari debet.
A custom introduced against reason ought rather to be called an usurpation than a custom.
Constructio legis non facit injuriam

The construction of the law (a construction made by the law) works no injury. The law will make such a construction
of an instrument as not to injure a party.
Construction legis non facit injuriam.

The construction of law works not an injury.
Consuetudo debet esse certa.

A custom ought to be certain.
Consuetudo debet esse certa; nam incerta pro nulla habetur

A custom should be certain; for an uncertain custom is considered null.
Consuetudo est altera lex

Custom is another law.
Consuetudo est altera lex.

Custom is another law.
Consuetudo est optimus interpres legum.

Custome is the best expounder of the law.
Consuetudo et communis assuetudo vincit legem non scriptam, si sit specialis; et interpretatur legem
scriptam, si lex sit generalis
Custom & common usage overcome the unwritten law, if it be special; & interpret the written law, if the law be
general.
Consuetudo ex certa causa rationabili usitata privat communem legem

Custom and common usage overcomes the unwritten law, if it be special; and interprets the written law, if the law be
general.
Consuetudo licet sit magnoe auctoritatis, nunquam tamen proejudicat manifests veritati
A custom, though it be of great authority, should never prejudice manifest truth.
Consuetudo loci est observanda

The custom of a place is to be observed.
Consuetudo loci observanda est.

The custom of the place is to be observed.
22
Consuetudo neque injuria oriri neque tolli potest

Custom can neither arise from nor be taken away by injury.
Consuetudo non trahitur in consequentiam

Custom is not drawn into consequence.
Consuetudo prµscriptiva et legitima vincit legem

A prescriptive & lawful custom overcomes the law.
Consuetudo praescripta et legitima vincit legem.

A prescriptive and legitimate custom overcomes the law.
Consuetudo regni Angliµ est lex Angliµ

The custom of the kingdom of England is the law of England.
Consuetudo semel reprobata non potest amplius induci

A custom once disallowed cannot be again brought forward or relied on.
Consuetudo semel reprobata non potest amplius induci.

Custom once disallowed cannot again be produced.
Consuetudo tollit communem legem

Custom takes away the common law.
Consuetudo volentes ducit, lex nolentes trahit

Custom leads the willing, law compels the unwilling.
Consuetudo voluntis ducit, lex nolentes trahit.

Custom leads the willing, law, law compels or draws the unwilling.
Consuetudo, contra rationem introducto potius userpatio quam consuetudo appellari debet
A custom introduced against reason ought rather to be called a æusurpationÆ than a æcustomÆ.
Contemporanea consuetudo optimus interpres

Contemporary custom is the best interpretator;
Contemporanea expositio
Contemporaneous exposition, or construction. a construction drawn from the time when, and the circumstances
under which, the subject-matter to be construed, as a statute or custom, originated.
Contemporanea expositio est optima et fortissima in lege

A contemporaneous exposition is the best & most powerful exposition in law. A statute is best explained by following
the construction put upon it by judges who lived at the time it was made, or soon after.
Contemporanea expositio est optima et fortissima in lege.

A contemporaneous exposition is the best and most powerful in the law.
Contestio litis eget terminos contradictaris.

An issue requires terms of contradiction; that is, there can be no issue without an affirmative on one side and a
negative on the other.
Contr negantem principia non est disputandum.

There is no disputing against or denying principles.
Contr non volentem agere nulla currit praescriptio.

No prescription runs against a person unable to act.
Contr veritatem lex numquam aliquid permittit.

The law never suffers anything contrary to truth.But sometimes it allows a conclusive presumption in opposition to
truth.
Contra
To the contrary
Contra Actionem non admittitur probatio; quid enim efficerit probatio veritatis, ubi Actio adversus veritatem
fuigit? Nam Actio nihil aliud est, quam legis adversus vertitatem in re possibili ex justa causa dispositio
Proof is not admitted, against fiction, for what could the evidence of truth effect, where fiction supposes against truth
? For fiction is no other than an arrangement of the law against truth, in a possible matter, arising from a just cause.
23
Contra bonos mores

Against good morals.
Contra domini regis

Against the peace of the ruler.
Contra formam statuti

Indictment should be framed.
Contra jus
Against the law.
Contra jus civilis regulas pacta conventa rata non habentur

Agreements made contrary to the civil law are not to be construed as valid.
Contra legem
Against the law of the land.
Contra legem facit, qui id facit, quod lex prohibet; in fraudem vero, qui, salvis verbis legis, sententiam ejus
circumvenit
He does contrary to the law who does what the law prohibits; he acts in fraud of the law who, the letter of the law
being inviolate, uses the law contrary to its intention.
Contra negantem principia non est disputandum

There is no disputing against one who denies first principles.
Contra non valentem agere nulla currit prµscriptio

No prescription runs against a person unable to bring an action
Contra non valentem agere nulla currit praescriptio

No prescription runs against a person not able to act.
Contra proferentem
Against the guarantor.
Contra spoliatorem omnia prµsumuntur

All things are to be presumed in disfavour of the spoliator.
Contra veritatem lex nunquam aliquid permittit

The law never suffers anything contrary to truth.
Contractus ad mentem partium verbis notatum intelligendus

A contract is to be understood according to the intention of parties.
Contractus est quasi actus contra actum

A contract is an act as it were against an act.
Contractus ex turpi caus, vel contr bonos mores nullus est.

A contract founded on a base and unlawful consideration, or against good morals, is null.
Contractus ex turpi causa vel contra bonos mores, est nullus

A contract founded on a base consideration, or against good morals, is null.
Contractus infantis invalidus, si in damnum sui spectet

The contract of a minor is invalid, if it tend to his loss.
Contractus legem ex contione accipient

Contracts receive legal sanction from the agreement of the parties.
Contractus legem ex conventione accipiunt.

The agreement of the parties makes the law of the contract.
Contrariorum contraria est ratio

The reason of contrary things is contrary.
24
Contraxisse unusquisque in eo loco intelligitur, in quo ut solvent se obligavit

Every one is understood to have contracted in that place where he has bound himself to pay.
Contrectatio rei aliens, animo furandi, est furtum

The touching of anothers property with intent to steal is theft.
Conventio et modus vincunt legem

A contract and agreement overcome the law.
Conventio privatorum non potest publico juri derogare

An agreement of private persons cannot derogate from public right.
Conventio vincit legem

The express agreement of parties overcomes [prevails against] the law.
Conventio vincit legem.

The agreement of the parties overcomes or prevails against the law.
Convicia si irascaris tua divulgas; spreta exolescunt

If you be moved to anger by insults, you publish them; if despised, they are forgotten.
Copula vera
Veritable copulation; unquestionable & perfect sexual intercourse.
Copulatio verborum indicat acceptationem in eodem sensu

The coupling of words together shows that they are to be understood in the same sense.
Copulatio verborum indicat acceptionem in eodem sensu.

Coupling words together shows that they ought to be understood in the same sense
Coram Domino Rege

In the presence of our Lord the King.
Coram non judice

Before one who is not a judge.
Coram populo
Before the public.
Corporalis injuria non recipit µstimationem de futuro

A personal injury does not receive satisfaction from a future course of proceeding.
Corporalis injuria non recipit aestimationem de futuro.

A personal injury does no receive satisfaction from a future course of proceding.
Corpus
Body
Corpus corporatum
A corporation; a corporate body other than municipal.
Corpus corporatum ex uno potest consistere

One person may constitute a corporation.
Corpus corporatum neque in lite sisti

Neque utla ari neque bona forisfacere neque atrinctum pati attorn atum face re neque excommunicari potest: A
corporation can neither be brought into Court nor outlawed nor can it forfeit goods, suffer attainder, take power-of-
attorney, nor is it liable to excommunication.
Corpus corporatum nonhabet hµreds neque executores neque mori potest

A corporation has neither heirs nor executors, nor can it die.
Corpus delicti
The body, i.e. the gist of crime.
Corpus humanum non recepit µstimationem

A human body is not susceptible of appraisement. The human body does not admit of valuation.
25
Corpus humanum non recipit aestimationem

A human body is not susceptible of appraisement.
Corpus juris
A body of law, a term used to signify a book comprehending several collections of law.
Corpus juris Canonici

The body of church law by which the Roman Catholic Church was governed until
Corpus juriscivilis
The complete body of ancient Roman Law as codified under the Emperor Justinian in the 6th Century AD.
Corruptio optima est pessima

Corruption of the best is the worst.
Counsellor, nest, destre oye que parle onver le presidents

A counsel ought not to be heard who speaks against precedent.
Crassa ignorantia
Gross ignorance.
Crassa negligentia
Gross negligence.
Creditor qui permittit rem venire pignus dimittit

The creditor who allows property to be sold gives up the plegde.
Crescente malitia crescere debet et poena

Vice increasing, punishment ought also to increase.
Crimen
A crime.
Crimen ex post facto non diluitur

Crime cannot be expiated by after-acts.
Crimen falsi
Forgery, prejury or an offence of kindred character.
Crimen incendi
The crime of burning, including not only arson but the burning of a man, beast or other chattel.
Crimen lµsµ majestatis

The crime of injuring majesty; high treason.
Crimen lµsµ majestatis omnia alia crimina excedit quoad poenam

The crime of treason exceeds all other crimes, in its punishment.
Crimen majus patitur is qui non prohibet cum prohibere non potest
He who fails to prevent that which it is not possible for him to prevent is guilty of no crime.
Crimen omnia ex se nata vitiat

Crime vitiates every thing, which springs from it.
Crimen raptus
Rape.
Crimen trahit personam

The crime carries the person.
Crimen vel poena paterna nulla masculam filio infligere potest

The (crime of) punishment of father inflicts no stain upon his son.
Crimina morte extinguntur

Crimes are extinguished by death.
26
Cui jurisdictio data est, ea quoque concessa esse videtur, sine quibus jurisdiction explicari non potest
Where an Act confers a jurisdiction it impliedly also grants the power of doing all such acts, or employing such
means, as are essentially necessary to its execution.
Cui jus est donandi, eidem et vendendi et concedendi jus est

He who has a right to give has also a right to sell & to grant.
Cui licet quod majus non debet quod minus est non licere
He who has authority to do the more important act shall not be debarred from doing that of less importance.
Cui pater est populus non habet ille patrem

He to whom the people is father has not a father.
Cui pater est populus non habet ille patrem.

He to whom the people is father, has not a father.
Cui plus licet quam per est plus vult quam licet
He to whom more is granted than is just, wants more than is granted.
Cuicenque aliquis quid concedit, concedere videtur et id sine quo res ipse esse non potuit
Whoever grants a thing is deemed also to grant that without which the grant itself would be of no effect.
Cuicunque aliquis quid concedit, concedere videtur et id, sine quo res ipsa esse non potuit
Whoever grants a thing is supposed also tacitly to grant that without which the grant itself would be of no effect.
Cuilibet in arte sua herito credendum est.

Every one should be believed skilful in how own art
Cuilibet in sua arte perito est credendum

Everyone who is skilled in his own art is to be believed.
Cuilibet licet juri pro se introducto renunciare

Any one may waive or renounce the benefit of a principle or rule of law that exists for his protection.
Cuilibet licet renuntiere juri pro se introducto

Any one may waive or renounce the benefit of a principle or a Rule of Law that exists for his protection in his private
capacity.
Cuique in sua arte credendum est

Everyone is to be believed in his own art.
Cujus curiµ est lex curiµ

The practice of the court is the law of the Court. However, the practice of the Court cannot override the express
provision of law
Cujus est commodum ejus debet esse incommodum

Whose is the advantage, his also should be the disadvantage.
Cujus est commodum ejus debet esse incommodum.

He who receives the benefit should also bear the disadvantage.
Cujus est commodum ejus est onus

He who has the benefit has also the burden.
Cujus est dare ejus est disponere

The giver of a gift has the right to regulate its disposal.
Cujus est divisio alterius est electio

Whichever has the division, the choice is the others.
Cujus est divisio alterius est electio.

Which ever of two parties has the division, the other has the choice.
Cujus est dominium ejus est pericum lam

The risk lies upon the owner of the subject.
Cujus est instituere ejus est abrogare

Whose right is to institute, his right it is to abrogate.
27
Cujus est solum ejus est uque ad coelum

He who possesses land possesses also that which is above it.
Cujus est solum ejus est usque ad coelum et ad inferos

To whomsoever the soil belongs, he owns also to the sky & to the depth.
Cujus est solum, ejus est usque ad caelum.

He who owns the soil, owns up to the sky
Cujus est solum, ejus est usque ad coelam; et ad inferos

He who owns the soil owns it up to the sky; and to its depth.
Cujus est solum, ejus est usque ad coelum et ad infero

Whoever is the owner of the soil, it is his even to the firmament & to the centre of the earth. He who possesses land
possesses also that which is above it. LAND, in its restrained sense, means soil, but in its legal acceptation it is a
generic term, comprehending every species of ground, soil or earth, whatsoever, as meadows, pastures, woods,
moors, waters, marshes, furze, and heath; it includes also houses, mills, castles, and other buildings; for with the
conveyance of the land, the structures upon it pass also. And besides an indefinite extent upwards, it extends
downwards to the globes center, hence the maxim, Cuius est solum eius est usque ad coelum et ad inferos. [P. Rami
Reddy and Ors. Vs. State of Andhra Pradesh and Ors MANU/SC/0364/1988 ]
Cujus juris est principali ejusdem juris erit accessorium

An accessory matter is subject to the same jurisdiction as its principal.
Cujus per errorem dati repetitio est ejus consulto dati donatio est
That which when given through mistake can be recovered; when given with knowledge of the facts, it is a gift, i.e., it
cannot be recovered.
Cujus per errorem dati repetitio est, ejus consult dati donatio est.
Whoever pays by mistake what he does not owe, may recover it back; but he who pays, knowing he owes nothing; is
presumed to give.
Cujus que rei potissima pars est principium

The chiefest part of everything is the beginning.
Cujusque rei potissima pars principium est.

The principal part of everything is the beginning.
Cul
An abbreviation of culpa meaning guilt/guilty.
Cul de sac
Blind alley; a way open only at one end.
Culpa
Crime, offence, fault, negligence.
Culpa caret, qui scit, sed prohibere non potest

He is clear of blame who knows but cannot prevent.
Culpa est immiscere se rei ad se non pertimenti

It is a fault for any one to meddle in a matter not pertaining to him.
Culpa est immiscere se rei ad se non pertinenti.

It is a fault to meddle with what does not belong to or does not concern you.
Culpa lata
Gross negligence.
Culpa lata aequiparatur dolo.

A concealed fault is equal to a deceit.
Culpa lata dolo sequiparatur

Gross neglect is equivalent to fraud.
Culpa levis
Slight negligence
28
Culpa paena par esto.

Let the punishment be proportioned to the crime.
Culpa tenet suos auctores.

A fault finds its own.
Culpable
Punishable.
Culpable tenet suos auctores

A fault binds its own authors.
Culpable vel poena ex equitate non intenditure

Blame or punishment does not proceed from equity.
Cum actio fuerit mere criminalis institui poterit ab initio criminaliter vel civiliter
When an action is merely criminal, it can be instituted from the beginning either criminally or civilly.
Cum adsunt testimonia rerum quid opus est verbis

When the proofs of facts are present, what need is there of words.
Cum adsunt testimonia rerum quid opus est verbis.

When the proofs of facts are present, what need is there of words.
Cum aliquid impeditur propter unum eo remoto tolitur impedimentum

When anything is imposed by any single cause, if that be removed, the impediment is removed.
Cum aliquis renunciaverit societati solvitur societas

When any partner renounces the partnership, the partnership is dissolved.
Cum confitente sponte mitius est agendum

One confessing willingly should be dealt with more leniently.
Cum confitente sponte mitius est agendum.

One making a voluntary confession, is to be dealt with more mercifully.
Cum de lucro duorum quµritur melior est causa possidentis

When the question is as to the gain of two persons; the cause of him who is in possession is the better.
Cum dividend
With profit.
Cum du jura concurrunt in una persona µqum est ac si essent in duo duobus
When two rights meet in one person, it is the same as if they were in two persons.
Cum duo inter se pugnantia reperiuntur in testamento, ultimum ratum est

When two clauses are found in a will, contradictory of, or inconsistent with, each other, the last is confirmed.
Cum in corpre dissentitur appare tenullam esse acceptionem

Where there is a disagreement in the substance, it appears that there is no acceptance.
Cum legitimae nuptiae factae sunt, patrem liberi sequuntur.

Children born under a legitimate marriage follow the condition of the father.
Cum legitime nuptiµ factµ sunt patrem liberi sequuntur

Children born under the legitimate marriage follow the condition of the father.
Cum licet fugere ne quµre litem

Enter not into law if you can avoid it.
Cum new
Carrying the right of the special terms of purchase.
Cum onere
With the burden/charge; subject to a charge or incumbrance.
29
Cum par delictum est duorum semper oneratur petitor et malior habetur possessoris causa
When both parties are in fault, the plaintiff must always fail, & the cause of the person in possession be preferred.
Cum principalis causa non existit ne ea quidea quµ sequuntur locum habent
When the main cause is not consistent for the most part, not even the things which follow have a place.
Cum quod ago non valet ut ago valeat quantum valere potest
When that which I do is of no effect as I do, it shall have as much effect as it can.
Cum testamento annexo

With the will annexed.
Cuplµ poena par esto

Let the punishment be proportioned to the offence.
Curia advisari vulti

Literally, the Court wishes to be advised. The court did not give a decision at once, but took time to consider its
judgment.
Curia ecclesiastica locum non habet super ii squµ juria sunt communs
An ecclesiastical court has no jurisdiction/power over matters of common law.
Curia parliamenti suis propriis ligibus subsistit

The court of Parliament is governed by its own peculiar laws.
Curiosa et captiosa intepretatio in lege reprobatur.

A curious and captious interpretation in the law is to be reproved
Curiosa et captiosa interpretatio in lege reprobatur

A curious & captious interpretation of the law is to be reproved.
Currat lex
The law must take its course.
Currit tempus contra desides et sui juris contemptores.

Time runs against the slothful and those who neglect their rights.
Cursus curiµ est lex curiµ

The practice of the Court is the law of the Court. [CCE, Mad v Std Motor Products 1989 SC 1298 per S Mukharji J].
Cursus curiae est lex curiae.

The practice of the court is the law of the court.
Custodia legis
In the custody of court.
Custome serra prise stricte

Custom must be taken strictly.
Custos corporis cujusque infantis est in esto ad quern haereditas ne queat pervenire
Let him be the guardian of the body of the infant to whom the inheritance cannot come.
Custos magni sigilli

Keeper of the great seal.
Custos maris
Warden of the sea.
Custos morum
A guardian of morals
Custos statum hµredis in custodia existentis meliorem non deteriorem facere potest
A guardian can make the estate of an heir living under his guardianship better, not worse.
Damni injuriµ actio

An action against one for an intentional injury.
30
Damnosa hµreditas
A burdensome inheritance.
damnum
damage, loss
Damnum absque injuria

A loss without a wrong; loss or hurt without injury in law.
damnum fatale
a loss due to an unusual accident e.g. a storm or a flood
Damnum sentit dominus

The owner suffers the damage.
Damnum sine injuria

damage without legal injury.
Damnum sine injuria esse potest

There may be damage or injury inflicted without any act of injustice.
Dans et retinens, nihal dat

One who gives & yet retains gives nothing.
Dans un pays libre, on crie beaucoup, quipu, on souffre pet; dans un pays de tyrannie on se plaint peu quoiqu,
on soufire beaucoup
In a free country there is much clamour, with little suffering; in a despotic state there is little complaint but much
grievance.
Dare ad remanentiam
To give away a remainder in fee or for ever.
De
At, by, beyond, of.
De acquitate
In equity.
De bene esse
Conditionally, provisionally. A technical phrase applied to certain acts deemed for the time being well done.
De bene memorie
Of good memory; of sound mind.
De bonis asportatis
Of goods carried away.
De bonis non
Of the goods not (administered). Where sole or the last surviving executor dies intestate without having fully
administered, his administrator does not become the representative of the original testator, & it is accordingly necessary
to appoint an administrator to administer the goods of the original testator left unadministered.
De bonis non administratis

Of goods not administered
De consilio
Of counsel.
De consilio curiµ
By the advice/direction of the Court.
De corpore
Of the body.
De coste
On the side, collateral.
31
De cry en avant
From now henceforth.
De defaute deroit
For failure of right.
De die claro
By daylight.
De die in diem
From day to day.
De dolo malo
Concerning fraud.
De domo reparanda
A writ to compel a man to repair his house when dangerous to the neighbours.
De donis conditionalibus
Of conditional gifts.
De et super pramissis
Of & upon the premises.
De exitibus terrµ
Out of the profits of the land.
De facto
In fact.
De fide et officio judicis non recipitur quµstio, sed de scientia sive sit error juris sive facti
Honesty & integrity of a Judge cannot be questioned, but his decision may be impugned for error either of law or of
fact: St of AP v Ramoji Rao IJR 1987 AP 3.501-9 DB per Jeevan Reddy J. Contempt of Court Act, Ss 9, 10, 12 & 15(1).
De fide et officio judicis non recipitur quaestio; sed de scientia, sive error sit juris sive facti.
Of the credit and duty of a judge, no question can arise; but it is otherwise respecting his knowledge, whether he be
mistaken as to the law or fact.
De fine force
Of pure necessity.
De furto
Of theft.
De futuro
In the future.
De gratia
Of grace, by favour.
De haut en bas
Of high & low.
De hors
Beyond the scope of.
De incremento
Of increase.
De infirmitate
Of infirmity.
De injuria
Of his own wrong without such cause.
De integro
As regards the whole.
32
De intrusione
(writ) of intrusion.
De jure
Rightful, by right.
De jure communi
At common law.
De jure judiceis, de facto juratoreis, respondent

Judges answer to the law, jury to the fact.
De jure judices, de facto juratores, respondent.

The judges answer to the law, the jury to the facts.
De jure officer
One who is regularly & lawfully appointed & inducted into office & exercises the duties as of his right; one who has
the lawful right to the office, but who has either been ousted from, or never actually taken possession of the office.
De latere
From the side; collaterally.
de lege ferenda
according to the law as it ought to be
de lege lata
according to the current lawde lege lata: according to the current law
de legibus
of law
De majori et minori non variant jura

Whether the matter be great or small, the laws do not vary.
de minimis
trivial
De minimis lex non curat

The law does not notice trifling matters.
De minimis non curat lex

Law does not take account of trifles: Dudhia FC Soc v Mohd 1980 Guj LR 272: Suresh v KA Koya 1990 Ker 20.
De minimis non curat lex.

The law does not notice or care for trifling matters.
De minimis non curat praetor

The praetor does not concern himself about trifles.
De molendino do novo erecto non jacet prohibitio

A prohibition lies not against a newly erected mill.
De morte hominis nulla est cunctatio longa

When the death of a human being may be the consequence, no delay is long. When the question is on the life or
death of a man, no delay is too long to admit of inquiring into facts.
De morte hominis nulla est cunctatio longa.

When the death of a human being may be the consequence, no delay is long. When the question is on the life or
death of a man, no delay is too long to admit of inquiring into facts.
De morte juminis nulla est cunctatio longa

When the death of a human being is concerned, no delay is long.
De non apparentibus et non existntibus eadem est ratio.

The reason is the same respecting things which do not appear, and those which do not exist.
33
De non apparentibus, et non existentibus, eadem est ratio

As to things not apparent & those not existing, the rule is the same. Where the court cannot take judicial notice of a
fact, it is the same as if the fact had not existed.
De non sane memorie

Of unsound mind or memory.
De novo
Starting afresh.
De nullo quod est sua natura indivisible, et divisionem non patitur, nullam partem habebit vidua; sed
satisfaciat ei ad valentiam
A widow shall have no part of that which in its own nature is indivisible & is not susceptible of division but let the heir
satisfy her with an equivalent.
De odioet atia
Of malice.
De office
Of office; officially; in virtue of office; in the discharge of ordinary duty. 559. De pace et legalitate tuenda: For keeping
peace & good behaviour.
De pace infracta
Of breach of the peace.
De piano
Summarily; forthwith.
De placito
Of a plea; in an action.
De ques en ca
From which time until now.
De quodam ignoto
From a certain person unknown.
De quoy
Of which; wherewith.
De raptu virginum
Of the rape of maids.
De recto deficere
To fail of right.
De rien culpable
Guilty of naught. 569. De rigore juris: By strict law.
De se bene gerendo
For his good behaviour.
De se vie
For his life.
De servito regis
For the kings service.
De similibus ad similia eadem ratione procedendum est

Concerning things to like things, we are to proceed by the same rule or reason.
De similibus ad similia eadem ratione procedendum est.

From similars to similars, we are to proceed by the same rule.
De similibus idem est judicium

In like cases or matters judgment is to be the same: decisions of the contemporaneous or superior courts, should be
respected.
34
De son done
By his gift.
De son gree
Of his own accord.
De son tort
Of his own wrong.
De son tort demesne sans tiel cause

Of his own wrong without such cause.
De tempore in tempus et ad omnia tempora

From time to time & at all times.
De temps dont memorise ne court

From time which memory runneth not.
De terra sancta
Of the holy land.
De tua dum tua sunt, post mortem tunc tua non sunt
Give the things which are yours while they are yours, after death they are not yours.
De ultra mare
Of/beyond sea.
De una parte
Unilateral; a deed where one party, only binds himself.
De verbo in verbum
Word for word.
De vicineto
From neighbourhood.
Debet esse finis litum

There ought to be an end of lawsuits.
Debet quis juris subjacere ubi delinquit

Everyone ought to be subject to the law of the place where he offends.
Debet sua cuique domus esse perfugium tutissimum

Everymans house should be a perfectly safe refuge.
Debile fundamentum fallit opus

Where there is a weak foundation, the work fails.
Debita
Debts.
Debita non prasumitur donre

A debtor is not presumed to give.
Debita sequuntur personam debitoria

Debts follow the person of the debtor.
Debita sequuntur personam debitoris

Debts follow the person of the debtor.
Debitor
Debtor.
Debitor non praesumitur donare

A debtor is not presumed to make a gift.
35
Debitor non prasumitur donare

A debtor is not presumed to give.
Debitorum pactionibus creditorum petitio nec tolli nec minui potest

The right of a creditor to sue cannot be taken away or lessened by the contracts of his debtors.
Debitrix
A female debtor.
Debitum
A debt.
Debitum et contractus sunt nullius loci

Debt and contract are of no particular place.
Debitum in prµsenti, solvendum in futuro

Present debt payable, in future:
Debitum in praesenti, solvendum in futuro

A present debt is to be discharged in the future.
Decet tamen principem servare leges, quibus ipse servatus est

It behoves indeed the prince to keep the laws by which he himself is preserved.
Decipi quam fallere est tutius

It is safer to be deceived than to deceive.
Decreta conciliorum non ligant reges nostors

Decrees of councils bind not kings.
Decretum
A decree.
Decretum est sententia lata super legem

A decree is a sentence made upon the law.
Deficiente uno non potest esse hµres

One blood being wanted, one cannot be heir.
Delegata potestas non potest delegari

A delegated authority cannot be again delegated.
Delegatus debitor est odiosus in lege

A delegate debtor is hateful in the law.
Delegatus non protest delegare

A delegate cannot delegate, i.e., a delegated authority cant be re-delegated. This principle limits the general broad
rule, "Whatever a person has power to do himself he may do by means of an agent".
This doctrine properly belongs to the area of trust & agency & underlines that when trust has been reposed in one for
the exercise of his judgment & decision, it must be so exercised by him, & that it cannot be delegated to another. The
very concept of delegation is one borrowed from the law of agency, & conveys the idea, as observed by JF Garner in
his book Administrative Law, as enabling one local authority to clothe another authority with one or more of its
functions, so that the delegate may act as its agent. Prof SA De Smith in his leading treatise Judicial Review of
Administrative Actions" says. The maxim ** does not enunciate a rule that knows no exception; it is a rule of
construction to the effect that a discretion conferred by statute is prima facie intended to be exercised by the authority,
but this intention may be negatived by any contrary indications found in the language, scope or object of the statute:
Raja Mohapatra v Board of Sec Edu 1988 Ori 65-71 DB per LR Rath J on 25.9.87. Also Halsbury Vol 1, 4th ed para 32:
Marathwada Uni v SBR Chavan 1989 SC 1582-7.
Deliberandum est diu quod statuendum est semel

That which is to be resolved once for all should be deliberated upon in detail.
Denominatio est a digniore

Denomination is from the more worthy.
36
Denominatio fieri debet a dignioribus

Denomination should be deduced from the more worthy.
Denomine proprio non est curandum cum in substantia non erretur quia nomina mutabilia sunt res autem
immobiles
As to proper name, it is not to be regarded when one errs not in substance; because names are changeable, but
things are not.
Derivativa potestas non potest esse major primitiva

The power which is derived cannot be greater than that from which it is derived.
Designatio justiciariorum est a rege

Jurisdictio vero ordinaria a lege: The appointment of justices is by the king, but their ordinary jurisdiction by the law.
Designatio unius est exclusio alterius, et expressum facit cessare taciturn

The specifying of one is the exclusion of another, & that which is expressed makes that which is understood to
cease.
Designatio unius personµ est exclusio alterius

The specification of one person is the exclusion of another.
Desuetude
State of disuse; abrogation of law by long non-user.
Detur digniori
Let it be given by the more worthy.
Deus solus hµredem facere potest, non homo

Deity alone is able to make an heir. God alone & not man can make an heir.
Deus solus haeredem facere potest, non homo

God alone, not man, can make an heir.
dictum (pl. dicta

a saying or usu. a judicial statement
Dictum de omni et nullo

Rule about all or none, i.e., whatever is affirmed or denied distributively of an entire class can be affirmed or denied
in the same way of every thing/body of that class.
Diem ex die
Day after day.
Dies
A day.
Dies a quo
The day from which.
Dies ad quoin
The day to which.
Dies Dominicus non est juridicus

Sunday is not a day in law.
Dies fasti
Business days.
Dies feriati
Holidays.
Dies inceptus pro completo habetur

A day begun is held as complete.
Dies incertus pro conditione habetur

An uncertain day is held as a condition.
37
Dies interpellat pro homine

The arrival of the day of payment is a sufficient demand for the person owing.
Dies juridicus
Day for legal purposes or judicial proceedings; a Court day.
Dies legitimus
A lawful day; a term day.
Dies non
An abbreviation of the phrase
dies non juridicus

non juridical days, days during which the Courts do not transact any business.
Dies Solaris
A solar day.
Dies solis
Sunday.
Dies utiles
An available day.
Diet
A legislative assembly; a meeting of delegates.
Dieu son acte

Act of God.
Difficile est ut unus homo vicem duortum sustineat

It is difficult that one man should sustain the place of two.
Difficilem oportet aurum habere ad crimina

One should not lend an easy ear to criminal charges.
Digitus mercede operarius

The labourer is worthy of his hire.
Dignitas supponit officium et curam, et nonest partibilis

Dignity supposes office & charge, & is not divisible.
Dignitates Rex dat, virtus conservat, delicta auferunt

The King confers honours, virtue preserves them, transgressions take them away.
Dilatio quµ pro justitiafaciat acceptissima

quµ contra justitiam maxime invisa: Delay or suspension for justices sake is very acceptable but delay contrary to
justice is very odious.
Dilationes in lege sunt odiosµ

Delays in law are odious.
Discontinuance nihil aliud quam intermittere desenescere, inter-reumpere

Discontinuance is nothing else than to intermit, to abate, to interrupt.
Discretio est discernere per legem quid sit justum

Discretion is to discern through law what is just.
Disparata non debent jungi

Dissimilar things ought not to be joined.
Dispensatio est vulnus quod vulnerat jus commune

A dispensation is a wound, which wounds common law.
Dispensatio est vulnus, quod vulnerat jus commune.

A dispensation is a wound which wounds a common right.
38
Dispentio est mali prohibiti provida relaxatio ultimate seu necessitate pensata, et est de jure domino regi
concessa propter, impossiblitatem prµvidendi de omnibus particularibus
A dispensation is the provident relaxation of a malum prohibitum weighed from utility or necessity, & it is conceded by
law to the king on account of the impossibility of foreknowledge concerning all particulars.
Dissimilum dissimiles est ratio.

Of disimilars the rule is dissimilar.
Dissimilum dissimilis est ratio

Of dissimilars the rule is dissimilar.
Dissimulatione tollitur injuria

Injury is removed by being passed over or forgiven.
Distinguenda sunt tempora distingue tempora et concordabis leces

Times are to be distinguished; distinguish times & you will make laws agree.
Distinguenda sunt tempora; aliud est facere aliud perficere

Times are to be distinguished; it is one thing to do, another to complete.
Districtio non potest esse nisi pro certis servisiis

Goods cannot be distrained except for certain services.
Divide et impera cum radix et vertex imperii in obedientum consensu rata sunt
Divide & govern since the foundation & crown of empire are established in the consent of the obedient.
Divinatio non interpretatio est, quae omnino recedit a litera.

It is a guess not interpretation which altogether departs from the letter
Divinatio, non interpretatio est, quµ omnino recedit a litera

That is guessing not interpretation, which altogether departs from the letter.
Divisibilis est semper divisibilis

A thing divisible is always divisible.
Divortium dicitur a divertendo, quia vir divertitur ab uxore

Divorce is said to be from divertendo because a man is diverted from his wife.
Doli
Crime, mischief.
Doli capax
Capable of committing crime.
Doli incapax
Incapable of crime.
Dolo facit qui petit quod redditurus est

It is fraudulent to claim what you must restore.
Dolo malo pactum se non servaturum

A pact made with a malicious intention will not be upheld.
Dolosus versatur generalibus.

A deceiver deals in generals.
Dolosus versatur in generalibus

A deceiver deals in generalities, i.e., in general terms.
Dolus auctoris non nocent successori

The fraud of a predecessor does not prejudice his successor.
Dolus auctoris non nocet successori.

The fraud of a possessor does not prejudice the successor.
Dolus auctoris non noncet successori, nisi in causa lucrativa

The fraud of the author does not affect the successor when he acquires by a lucrative title.
39
Dolus circuitu non purgator.

Fraud is not purged by circity.
Dolus circuitu non purgatur

Fraud is not purged by circuity.
Dominium
Ownership.
Dominium non potest esse in pendenti

A fee or right of property cannot be in suspension, i.e., it must always be vested in someone.
Dominus aliquando non potest alienare

A lord sometimes cannot alienate.
Dominus capitalis loco hµredis habetur quoties per defectum vel delictum extinguitur sanguis sui tenentis
The supreme Lord takes the place of the heirs as often as the blood of the tenant is extinct through deficiency or
crime.
Dominus cel casam servi vel personam inculpatio defendet, etiam ubi alii non liceret
The master may defend his servants cause, even when it is not lawful for another.
Dominus litis
Master of, or having dominion over, the case.
Dominus non maritabit pupillum nisi semel

A lord cannot give away in marriage but once.
Dominus omnium in regno terrarrum rex habendus, et ab eo omnes tenent ita tamen ut suum cuiquesit
The sovereign is first seized of all lands; of him all others hold, so that everyone has his own.
Dominus rex nullum habere potest parem multo minus superiorem

The king cannot have an equal much less a superior.
Domum suam unicuique reficere licet, dum non officiat invito alteri in quo jus non habet
It is lawful for everyone to repair his own house provided he does it not to the injury of another over whom he has no
rights.
Domus sua cuique est tutissimum refugium

Everymans house is his castle.
Domus sua cuique est tutissimum refugium.

Every man's house is his castle
Domus tutissimum cuique refugium atque receptaculum.

The habitation of each one is an inviolable asylum for him.
Dona clandestina sunt semper suspiciosa

Clandestine gifts are always suspicious.
Donari videtur, quod nullo jure cagente conceditur

That is considered to be given which is granted without the obligation of any law.
Donatio causa mortis or donatio mortis causa

A gift in prospect of death, a deathbed disposition when a person in his last sickness apprehending his death near,
delivers or causes to be delivered to another the possession of any personal goods to keep in case of his decease.
Donatio inter vivos

For a gift inter vivos two things are necessary: the intention to give, followed by acts giving effect to the intention. So
long as the intention is not completely carried out, the gift is imperfect & the donee has no legal rights against the
donor. A mere promise to give is of no effect.
Donatio non prµsumitur

A gift is not presumed.
Donatio non praesumitur.

A gift is not presumed.
40
Donatio num alia perfecta alia incepta, et non perfecta; ut si donatio lecta fuit et concessa ac traditio mondum
fuerit subsecuta
Some gifts are perfect, others incipient & not perfect; as if a gift were ready & agreed to but delivery had not been
followed.
Donatio perficitur possesione accipientis.

A gift is rendered complete by the possession of the receiver.
Donatio perficitur possessione accipientis

A gift is perfected by the possession of the receiver.
Donatio principis intelligitur sine prµjudicio tertii

A gift of the prince is understood without prejudice of a third party.
Donatio propter nuptias

A gift in consideration of marriage.
Donatio quµlibet ex vi legis sortitur effectum

A donation obtains its effect by force of the law.
Donatio vilata
A veiled or hidden gift.
Donator
A donor.
Donator nunquam desinit possidere antequam donatarius incipat possidere

He that gives never ceases to possess until he who receives begins to possess.
Donatur nunquam desinit possidere antequam donatarius incipiat possidere.

He that gives never ceases to possess until he that receives begins to possess.
Dormiunt aliquando leges, nunquam moriuntur

Laws sometimes sleep but never die.
Dormiunt aliquando leges, nunquam moriuntur.

The laws sometimes sleep, but neyer die.
Dormiunt leges aliquando, nunquam moriuntur

The laws sometimes sleep, but never die.
Dos de dote peti non debet.

Dower ought not to be sought from dower.
Dos de dote peti non debit

Dower ought not to be sought from dower.
Doti lex favet; prµmium pudoris est, ideo parcatur

The law favours dower; it is the reward of chastity, therefore let it be preserved.
Doti lex favet; praemium pudoris est; ideo parcatur

The law favors dower; it is the reward of chastity, therefore let it be preserved.
Droit ne done pluis que soit demaunde

Justice gives no more than is demanded.
Droits civils
Civil or private rights.
Duas uxores eodem tempore habere non potest.

It is not lawful to have two wives at one time.
Duas uxores eodem tempore hebere non licet

It is not unlawful to have two wives at one time.
Dubitante
Doubting the correctness of the decision.
41
Dum bene se gesserit

During good conduct.
Dumnum sine injuria

Damage without legal injury.
Duo non possunt in solido unam rem possidere.

Two cannot possess one thing each in entirety.
Duo non possunt in solido unam rem possidere/ Duorum in solidum dominium vel possessio non potest
Ownership or possession of the same thing in entirety cannot be in two persons.
Duplex placitum non admittur

A double decree cannot be admitted.
Duplicationem possibilitatis lex non patitur.

It is not allowed to double a possibility.
Durante bene placito

During pleasure (of the appointer).
Durum est per divinationem a verbis recedere

It is hard to depart from the meaning of words by conjecture.
e silentio
by the absence of contrary evidence
Ea est accipienda interpretatio, equµ vitio caret

That interpretation is to be received which is free from fault.
Ea est accipienda interpretation, qui vitio curet.

That interpretation is to be received, which will not intend a wrong.
Ea quµ commendandi causa in venditionibus dicuntur, si palam appereant, venditorem non obligant
The things which are said for the sake of commendation in sales, if they are plainly apparent, do not bind the seller.
Ea quµ raro accidunt, non temere in agendis negotiis computantur

Those things which seldom happen are not rashly to be taken into account in transacting business.
Ea qua in curia nostra rite acta sunt debitate executioni demandari debent
Those things which are properly transacted in court ought to be committed to a due execution.
Eadem causa diversis rationibus coram judicibus ecclesiast ics et secularibus ventilatur
The same cause is argued upon different principles before ecclesiastical & secular judges.
Eadem mens prµsumitur regis quµ est juris, et quµ esse debet, prµsertim in dubiis
The mind of the Sovereign is presumed to be coincident with that of the law, & with that which it ought to be
especially in ambiguous matters.
Ecclesia
A church; a parsonage.
Ecclesia ecclesiae decimas solvere non debet

A church ought not to pay tithes to a church.
Ecclesia est infra µtatem et in custodia domini regis qui tenetur jura et hµreditates ejusdem manu tenere et
defendere
The church is under age, in the custody of the king, who is bound to uphold & defend its rights & inheritances.
Ecclesia fungitur vice minoris; meliorem conditionem suam facere potest deteriorem nequaquam
The church enjoys the privilege of a minor; it can make its own condition better, but not worse.
Ecclesia magis favendum est quam parsonae

Church is to be more favoured than person.
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Ecclesia non moritur

The church does not die.
Ecclesia semper in regis tutela

The church is always under protection of the king.
Edicta magistratum constitutio principles

The ordinance of the Magistracy is the construction of the Emperor.
Egalite de droit
Formal or legal equality.
Egalite de fait
Real, practical equality.
Ei incumbit probatio qui

The onus of proving a fact rests upon the man.
Ei incumbit probatio qui dicit non qui negat

The burden of proving a fact lies on the party who substantially asserts the affirmative of the issue ¬ on the party who
denies it, for, a negative is usually incapable of proof.
Ei incumbit probatio qui dicit, non qui negat.

The burden of the proof lies upon him who affirms, not he who denies.
Ei nihil turpe cui nihil satis

To whom nothing is sufficient, to him nothing is base.
Ei nihil turpe, cui nihil satis.

To whom nothing is base, nothing is sufficient.
Ejus est interpretari cujus est condere

It belongs to him to interpret who enacts.
Ejus est non nolle, qui potest velle.

He who may consent tacitly, may consent expressly.
Ejus est non ville qui potest velle

He may consent tacitly who may consent expressly.
Ejus est periculem cujus est dominium aut commodum

He who has the dominion or advantage has the risk.
Ejus est periculum cujus est dominium aut commodum.

He who has the risk has the dominion or advantage.
Ejus nulla culpa est cui parere necessesit

He is not guilty of fault who necessarily, obeys; no one incurs fault or blame through the performance of an act which
he is under the necessity of performing.
Ejusdem negotii
Of the same transaction.
Elect un vi, non datur recursus ad alteram.

When there is concurrence of means, he who has chosen one cannot have recourse to another.
Electa una via non datur recursus adalteram

He who has chosen one way cannot have recourse to another.
Electio est interna libera et spontanea separatio unius rei ab alia sine compulsione consistens in animo et
voluntate
Election is an internal, free & spontaneous separation of one thing from another, without compulsion, consisting in
intention & will.
Electio semel facta non petitur regressum

Election once made cannot be recalled.
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Electio semel facta, et placitu testatum, non patitur regressum

Election once made, & plea witnessed, suffers not a recall.
Electio semel facta, et placitum testatum, non patitur regressum.

Election once made, and plea witnessed, suffers not a recall.
Electiones fiant rite et libere sine interruptione aliqua.

Elections should be made in due form andfreely, without any interruption.
Emptio et vend ito contrahitur simulat que de pretio convenerit

The buying & selling is complete when the price is agreed upon.
Emptor emit quam minimo potest; venditor vendit quam maximo potest
The buyer buys for as little as possible; the vendor sells for as much as possible.
En passant
In passing; by the way.
Entiapars semper prµferanda est propter privilegium µtatis

The part of the eldest sister is always to be preferred on account of the privilege of age.
Enumeratio infirmat regulam in casibus non enumeratis

Enumeration disaffirms the rule in cases not enumerated.
Enumeratio infirmat regulam in casibus non enumeratis.

Enumeration affirms the rule in cases not enumerated.
Enumeratio unius est exclusio alterius

Specification of one thing is exclusion of the other(s).
Eo
At, under, with.
Eo instante
At that instant.
Eo intuitu
With that view or intent
Eo nomine
Under that name.
Eodem ligamine quoligatum est dissolvitur

By the formalities with which a bond is contracted, by the same formalities it is released.
Eodem modo quo oritur, eodem modo dessolvitur

By the mode or means by which a thing originates, by the same mode or means it is dissolved.
Eodem modo quo quid constituitur, eodum modo dessolvitur destruitur

In the way in which any thing is constituted, in that way it is destroyed.
Ephemeris annua pars legis anglicanae

An annual diary is a part of the English law, that takes notice of the annual calendar.
Episcopus alterius mandato quam regis non tenetur obtemperare

A bishop need not obey any mandate save the kings.
Error fucatus nud veritate in multis est probabilior; et saepenumero rationibus vincit veritatem err
Error artfully colored is in many things more probable than naked truth; and frequently error conquers truth and
reasoning.
Error fucatus nuda veritate in multis est probabilior; et sµpenumero rationibus vincit veritatem error
Varnished error is in many things more probable than naked truth; & frequently error conquers truth by reasoning.
Error juris nocet.

Error of law is injurious.
44
Error numinis nunquam nocet, si de identitate rei constat

An error in the name of a thing is never prejudicial, if it be clear as to the identity of the thing itself, ie, where the
intention is clearly known.
Error placitandi µquitatem non tollit

A clerical error does not take away equity.
Error qui non resistitur, approbatur

An error which is not resisted is approved.
Error scribentis nocere non debet.

An error made by a clerk ought not to injure; a clerical error may be corrected.
Errores ad sua principia referre, est refellere

To refer errors to their principles, is to refute them.
Errores ad sua principia referre, est refellere.

To refer errors to their origin is to refute them.
Errores scribentis nocere non debet

The mistakes of the writer ought not to harm.
Erubescit lex filios castigare parentes

The law blushes when children correct their parents.
Est
Is.
Est autem vis legem simulans.

Violence may also put on the mask of law.
Est boni judicis ampliare jurisdictionem

It is the part of the good judge to amplify the jurisdiction.
Est boni judicis ampliare jurisdictionem.

It is the part of a good judge to extend the jurisdiction.
Est boni judicis ampliare justiciam, non-jurisdictionem

It is the duty of a good judge to amplify, extend justice, not jurisdiction or authority.
esto
suppose it to be so
Et
And,
Et cetera
Other things of that type
Et est pactio dourum plerumque in idem placitum consensus

The consent of two or more in the same, will constitute a placitum or bargain.
Et sicut ad quµstionem juris non respondent juratores, sed judices; sic ad quµstionem facit non respondent
judices sed juratores
Jurors are to try the fact, & the judges ought to judge according to the law that riseth upon the fact.
Eum, qui noncentem infamavit, non esse bonum µquum, ob earn rem condemnari; paccata enim noncentium
nota esse, et opertere et expedire
He who has defamed or accused one who has committed a wicked or criminal act, is not justly or equitably to be
condemned on that account; indeed, the marked or notorious sins or transgressions of wicked men ought to be
exposed.
Eunomy
Equal laws.
Eventus est qui ex causa sequitur; et dicitur eventus quia excausis evenit
An event is that which follows from the cause, & is called an event because it eventuates from causes.
45
Ex µquitate
In equity.
Ex abundanti cautela
By/from/out of abundant caution.
Ex abuso non arguitur ad usum

From the abuse of a thing you cannot argue as to its use.
Ex adverso
On the other side.
Ex aequo et bono
According to what is just & good.
Ex all
This term signifies that the stock or shares are sold apart from any dividend, bonus, or profit then due.
Ex antecedentibus et consequentibus fit optima interpretatio

A passage will be best interpreted by reference to that which precedes & follows it. From what goes before & from
what follows & not by reading them or that clause in isolation : KR Ramaswami Rao v Premabai 1988 Kar 116-22 DB
per SG Doddakale Gowda J; Provash Chandra Dalui v Biswanath 1989 SC 1834-8.
Ex antecedentibus et consequentibus fit optima interpretatio. .

The best interpration is made from antecedents and consequents.
Ex arbitrio judicis
From the discretion of the Judge.
Ex assensu patris
From the fathers consent.
Ex auditu
From hearsay.
Ex bonis
Of the goods.
Ex bonis maternis/paternis
From the goods inherited through mother/father.
Ex bono et acquo
According to good conscience.
Ex capite doli/fraudis
On the ground of fraud.
Ex cathedra
With official authority.
Ex causa lucrativa
By a lucrative title, ie, gratuitously.
Ex certa scientia
Of certain knowledge.
Ex comitate
By comity or courtesy.
Ex commodato
From a loan.
Ex communicati interdicitur omnis actus legitimus, ita quod agere non potest, nec aliquem convenire; licet
ipse ab aliis passit conveniri
Every legitimate act is forbidden for an excommunicated person so that he cannot act, nor sue any person; but he
may be sued by others.
46
Ex comparatione scriptorum
By comparison of handwritings.
Ex concessis
In view of what has already been accepted/
Ex confessio
By confession.
Ex consultu
From consultation.
Ex continenti
Immediately.
Ex contractu
From contract.
Ex convict
A convict who has served out a sentence or has been pardoned.
Ex culpa levissima
From the slightest fault.
Ex curia
Out of court.
Ex debito justitiae
Out of debt to justice; from what is due ofjustice: VC Shukla v St 1980 SC 962-7.
Ex debito naturali
From natural obligations.
Ex defectu juris
From a defect in right.
Ex defectu sanguinis
From a failure of blood.
Ex delicto
Out of crime/tort, etc.
Ex delicto non ex supplicio emergit infamia

Infamy arises from the crime, not from the punishment.
Ex dem, demissione
On the demise.
Ex diuturnitate temporis omnia prµsumuntur rite et solennitec esse acta

From length of time (after lapse of time) all things are presumed to have been done in due form.
Ex diuturnitate temporis, amnia praesumuntur solemniter esse acta.

From length of time, all things are presumed to have been done in due form.
Ex dolo malo actio non oritur

A right of action cannot arise out of fraud.
Ex dolo malo non oritur actio

A right of action cannot arise out of fraud.
Ex dolo malo non oritur action.

Out of fraud no action arises.
Ex draw
Without draw.
47
Ex empto
From purchase.
Ex facie
On the fact of it.
Ex facto
From an act.
Ex facto jus oritur

The law depends on the fact.
Ex facto jus oritur.

Law arises out of fact; that is, its application must be to facts.
Ex fictione juris
By fiction of law.
Ex gratia
Out of kindness, voluntary.
Ex improviso
Without preparation.
Ex incontinent
Summarily.
Ex integro
Anew; afresh.
Ex intervallo
After an interval.
Ex jure naturµ
By the law of the nature.
Ex justa causa
By a just cause.
Ex latere
On the side; collateral.
Ex lege/legibus
According to law.
Ex licentia regis
By the kings licence.
Ex locato
From letting/hiring.
Ex malefico
Out of misconduct.
Ex malefico non oritur contractus

From misconduct no contract can arise.
Ex malificio non oritur contractus.

A contract cannot arise out of an act radically wrong and illegal.
Ex mero motu
Of mere motion; of ones own accord.
Ex mora debitoris
On account of the debtors delay.
48
Ex more
According to custom.
Ex multitudine signorum, colligitur identitas vera.

From the great number of signs true identity may be ascertained.
Ex natura rei
From the nature of thing.
Ex necessitate
By/out of necessity.
Ex new
Not including the right to new stock or shares about to be issued.
Ex nihilo nihil fit

Out of nothing fits nothing. You can make a thing out of some thing, you cant make it out of nothing: Empire
Industries v UOI/ 1986 SC 662 = 1986 Tax LR 1933 = 1985 Supp 1 SCR 292 para 39.
Ex nihilo nil fit

From nothing nothing comes.
Ex nudo pacto actio non oritur

No action arises on a contract without a consideration.
Ex nudo pacto non oritur actio

From a bare agreement & without consideration no action arises.
Ex nudo pacto non oritur action.

No actions arises on a naked contract without a consideration.
ex officio
by virtue of one's office
Ex pacto illicito non oritur actio

From an illegal agreement no action arises.
Ex parte
Proceeding brought by one person in the absence of another.
Ex parte materna/paterna
On the mothers/fathers side.
Ex paucis
From few.
Ex post facto
By matter happneing afterwards; from a later act or event.
Ex post facto law

An act or statute changing the law as to previous events or contracts.
Ex prµcedentibus et consequentibus optima fit interpretatio

The best interpretation is made from the context. Every contract is to be construed with reference to its object & the
whole of its terms. The whole context must be considered to ascertain the intention of the parties. The sense &
meaning of the parties in any particular part of instruments may be collected ex antecedentibus et consequentibus;
every part of it may be brought into action in order to collect from the whole one uniform & consistent sense, if that is
possible: Provash Chandra Dalui v Biswanath Banerjee 1989 SC 1834-8 per KN Saikia J. Lord Davey in NE Rly v
Hastings 1900 AC 260-7 refd.
Ex prµcogitata malitia
Of malice aforethought.
Ex prµmisses
From the premises.
Ex praecedentibus et consequentibus optima fit interpretatio

The best interpretation is made from things preceding and following.
49
Ex propria motu
Of his own accord.
Ex propria vigore
Of his own force.
Ex provisione viri
Lands settled on the wife in tail by provision of the husband; or on both husband & wife, by his ancestor.
Ex qua persona quis lucrum capit, ejus factum prµstare debet

One who takes gain, profit or advantage on account of a person ought to be answerable for his act or deed.
Ex quasi contractu
Arising as if from a contract. From quasi contract.
Ex relatione
Of the relation, or information.
Ex rigore juris
According to the rigour of law.
Ex scriptis olim visis

From writings formerly seen.
Ex ship
A sale of goods on shipboard, all the cost & responsiblity of the removal of which falls on the purchaser.
Ex speciali gratia
Of special favour.
Ex sua persona
In ones own name.
Ex tempore
By lapse of time; without preparation.
Ex testamento
By will.
Ex tota materia emergat resolutio.

The construction or resolution should arise out of the whole subject matter.
Ex transverso
Across.
Ex turpi causa non oritur actio

No action arises on an immoral cause. Fraud unravels all. The courts will not allow their process to be used, by a
dishonest person to carry out a fraud.
Ex turpi contractu non oritur actio

No action arises on an immoral contract.
Ex turpi contractu non oritur actio.

No action arises on an immoral contract.
Ex una parte
From one side.
Ex uno disces omnes.

From one thing you can discern all.
Ex utraqu parte
On both sides.
Ex vi aut metu
By force or fear.
50
Ex vi termini
By the force of the term.
Ex visceribus actus
Within the four corners of the Act.
Ex visitatione dei
By visitation of God.
Ex visu scriptionis
From sight of the writing.
Ex warehouse
In a sale of goods ex warehouse, the costs of removing the goods from the warehouse must be borne by the buyer.
Exampla illustrant non restringunt legem

Examples illustrate but do no narrow the scope of a rule of law.
Excambium naturaliter vult in se warrantium

An exchange naturally creates in itself a warranty.
Excambium non potest esse rerum diversµ qualitatis; neque excambium inter tres parties datur
An exchange cannot be of things of a different quality nor is it granted among three parties.
Exceptio ejus rei cujus petitiur dissolutio nulla est.

There can be no plea of that thing of which the dissolution is sought.
Exceptio ejus reicujus petitur dissolutio nulla est

A plea of that matter the dissolution of which is the object of the action is of no effect.
Exceptio falsi omnium ultima

A plea of that which is false is the last of all.
Exceptio falsi omnium ultima.

A false plea is the basest of all things.
Exceptio firmat regulam in casibus non exceptis.

The exception affirms the rule in cases not excepted.
Exceptio firmat regulam in contrarium

Exception affirms the rule to be the other way.
Exceptio firmat regulam in contrarium.

The exception affirms the rule in contrary cases.
Exceptio firmat regulam in rebus/casibus non exceptis

Exception confirms or strengthens the rule in matters not excepted.
Exceptio nulla est versus actionem quµ exceptionem perimit

There is no plea against an action which destroys the subject or matter of the plea.
Exceptio nulla est versus actionem quae exceptionem perimit.

There can be no plea against an action which entirely destroys the plea.
Exceptio probat regulam

An exception proves the rule.
Exceptio probat regulam de rebus non exceptio.

An exception proves the rule concerning things not excepted.
Exceptio qua firmat legem exponit legem

An exception which confirms a law expounds the law.
Exceptio quoque regulam declarat

The exception also declares the rule.
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Exceptio quoque regulam declarat.

The exception also declares the rule.
Exceptio semper ultima ponenda est

An exception is always to be the last.
Exceptio semper ultima ponenda est.

An exception is always to be put last.
Excessite ex ephebis est person

He who conies out of his minority becomes legally a person.
Excessivum injure reprebatur

Excessus in be qualibet jure, reprobatur communi: Excess in law is reprehended. Excess in anything is reprehended
in common law.
Excessus in petita excusatio manifesta fit

An excess in seeking an excuse becomes manifest, ie, he who excuses before he is accused, manifests his own
guilt.
Excusat aut extenuat delictum in capitalibus quod non operator in civilibus

That excuses or extenuates an offence of wrong in capital cases which do not operate similarly in civil cases.
Excusat aut extenuat delictum in capitalibus, quod non operatur idem in civilibus.
A wrong in capital cases is excused or palliated which would not be so in civil matters.
Executio est executio juris secundum judicium

Execution is the fulfillment of the law in accordance with the judgment.
Executio est finis et fructus legis

An execution is the end and the fruit of the law.
Executio juris non habet injuriam or Actus leges nemenem est damnosum
Execution of law works no injury.
Executio legis non habet injuriam

Execution of the law does no injury
Exempla illustrant non restringunt legem.

Examples illustrate and do not restrict the law.
Expedit reipublicµ ne sua requis male utatur

It is for the public good that no one uses his property badly.
Expedit reipublicµ ut sit finis litium

A question once judicially anwered must be answered in the same way in all subsequent cases, for it is for the public
good that there shd be an end to litigation.
Expedit reipublicae ut sit finis litium.

It is for the public good that there be an end of litigation.
Expositio quµ ex viceribus causµ nascitur est aptissima et forfissime in lege

An exposition which springs from the vitals of cause is the fittest & most powerful in law.
Expressa nocent, non expressa non nocent

Things expressed may be prejudicial, things not expressed are not.
Expressa nocent, non expressa non nocent.

Things expressed may be prejudicial; things not expressed are not.
Expressa non prosunt, quµ non expressa proderunt

Things expressed do no good, things not expressed do no harm.
Expressio eorum quµ tacite insunt nihil operatur

The expression of what is tacitly implied is inoperative.
Expressio eorum quae tacite insunt nihil operatur.

The expression of those things which are tacitly implied operates nothing.
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Expressio unius est exclusio alterius or Expressio unius alterius exclusio or Expressum facit cessare tactium
Express mention of one thing implies the exclusion of another.
Expressio unius est exclusio alterius.

The expression of one thing is the exclusion of another.
Expressum facit cessare tacitum.

What is expressed renders what is implied silent.
Expressum facit cessare taciturn

Expression precludes implication. When there is express mention of certain things, then anything not mentioned is
excluded.
Expressum servitium regat vel declaret taciturn

Let service express rule or declare what is silent.
Exprocedentibus et consequent ibus optima fit interpretatio

The best interpretation is made from things preceding & following, ie, the context.
Externus non habet terras; habet res suas et vitam et liberatum

A foreigner has no lands; he has his personal effects & life & liberty.
Extinctio subjecto, tollitur adjunctum

When the substance is gone, the adjuncts disappear.
Extinguitur obligatio que rite constiteret si in cum casum incident a quo incipere non potuit
An obligation which has been sealed in due form is extinguished if it fall into that state from which it cannot arise.
Extra judicium
Out of Court.
Extra jus
Beyond the law.
Extra legem
Out of the law, or of the laws protection.
Extra legem positus est civiliter mortuus

One who is put out of the law, ie, outlawed is civilly dead.
Extra legem positus est civiliter mortuus.

One out of the pale of the law, (an outlaw,) is civilly dead.
Extra prµsentiam mariti

Out of the husbands presence.
Extra quartor maria

Beyond the four seas.
Extra territorium jus dicenti impune non paretur

One who exercises jurisdiction out of his territory cannot be obeyed with impunity.
Extra territorium jus dicenti non paretur impune.

One who exercises jurisdiction out of his territory is not obeyed with impunity.
Extra viam
Out of the road.
Extraneous est subditus qui extra terram

A foreigner is one who is born out of the territory.
Extrema potius pati quam turpia facere

Extremities are rather to be suffered than to do disgraceful, infamous or scandalous things.
Extremis probatis prµsumuntur media

Extremes being proved, those things which fall within or between them are presumed.
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Faciendum
Something which is to be done
Facilis est lapsus juventutis

Youth is very liable to err.
Facinus quos inquinat µquat

Guilt makes equal those whom it stains.
Facta probanda
Material facts,
Facta sunt potentiora verbis

Facts are more powerful than words.
Facta sunt potentiora verbis.

Facts are more powerful than words.
Facta tenent multa quµ fieri prohibentur

Deeds contain many things which are prohibited to be done.
Facto ad jus non datur consequentia

Inference from the fact to the law is not allowed.
Factum
An act or deed
Factum a judice, quod ad officium ejus non pertinet, ratum non est
An act of a judge which does not pertain to his office is of no force.
Factum cuiqu suum, non adversario nocere debet

A mans actions should injure himself, not his adversary.
Factum infectum fieri µquit

What is done cannot be undone.
Factum judice quod ad ujus officium non spectat, non ratum est.
An act of a judge which does not relate to his office, is of no force.
Factum negantis nulla probatio

No proof is incumbent on him who denies a fact.
Factum negantis nulla probatio.

Negative facts are not proof.
Factum non dicitur quod non perseverat

That is not said to be done which does not last.
Factum non dictur quod non perseverat.

It cannot be called a deed which does not hold out or persevere.
Factum probandum
Principal fact to be proved.
Factum probans
Evidentiary fact from which the principal fact follows.
Factum unius alteri nocere non debet.

The deed of one should not hurt the other.
Factum unius alteri noceri non debet

The deed of one should not hurt another.
Factum valet quod fieri non debuit

Where a fact is accomplished or where the act is done & completed, though in contravention of directory provisions,
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the fact will stand, & the act shall be deemed to be legal & binding. But where the provisions are mandatory, the
principle does not apply. The principle is applied in Hindu law.
Facultas probationum non est angustanda

Faculty of proof is not to be narrowed.
Facultas probationum non est angustanda.

The faculty or right of offering proof is not to be narrowed.
Faemina ab omnibus officiis civilibus vel publicis remotae sunt.

Women are excluded from all civil and public charges or offices
Fait accompli
Something accomplished, hence not worth arguing about.
Fait justitia ruat cµlum

Let right be done, though the heavens should fall.
Falsa demonstratio non nocet cum de corpore constat

Falsa demonstratione legatum non permitur: When the part of document is true &the true part describes the subject
with sufficient certainty the part which is false does not vitiate the document.
Falsa demonstratio non nocet.

A false or mistaken description does not vitiate.
Falsa grammatica
Incorrect or bad grammar.
Falsa grammatica non vitiat concessionem

Bad grammar does not vitiate a grant.
Falsa momenta
Counterfeit money.
Falsa ortho graphia, sive falsa grammatica, non vitiat concessionem.

False spelling or false grammar do not vitiate a grant.
Falsa orthographia non vitiat chartam

Incorrect spelling does not vitiate a deed.
Falsa orthographia, sive falsa grammatica, non vitiat concessionem

Erroneous or incorrect spelling or ungrammatical expression does not vitiate a grant.
Falsus in uno falsus in omnibus

False in one thing is false in everything. This principle does not apply to crl trials, & it is the duty of the court to
separate the grain from the chaff. Bheram v St of Har 1980 SC 957. This principle is not to be involved blindly 1974 SC
21 Pr 15: 1957 SC 336. Falsity of testimony in one material particularly would not ruin it from beginning to end. Eye
witnesses improved their case at the trial not only highly interested in exaggerating the number of the accd but also
shown to have scant regard for truth when their selfish interests so demand(ed), even then the sentence of life imp on 3
out of 6 accd appellants confirmed: Bhimrao v St of Mah 1980 SC
Falsus in uno, falsus in omnibus.

False in one thing, false in everything.
Fama est constans virorum bonorum de re aliqua opinio

Fame is the constant opinion of good men concerning a thing.
Fama fides, et oculus non patiuntur ludum

Fame, plighted faith & eyesight do not endure deceit.
Fama, quµ suspicionem inducit, oriri debet apud bonos et gaves, non quidem malevolos et maledicos, sed
providas et fide dighas personas, non semel sed sµpius, quia clamor minuit et defamatio manifestat
Report, which includes suspicion ought to arise from good & grave men, not indeed from malevolent & malicious
men, but from cautious & credible persons not only once, but frequently; for clamour diminishes & defamation
manifests.
Familia
A family or household, including servants & all who were under the authority of one master.
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Fatetur facinus qui judicium fugit

He who flees judgment confesses his guilt
Favorabilia in lege sunt fiscus, dos, vita, libertas

Things favourably considered in law are the treasury, dower, life, liberty.
Favorabiliores rei potius quam actores habentur

Defenders are held to be in a more favourable position than pursuers.
Favorabiliores sunt executioner aliis processibus quibuscunque

Executions are preferred to all other processes whatever.
Favores ampliandi sunt; odia restringenda

Favourable inclinations are to be enlarged, animosities restrained.
Fecundation ab extra
Impregnating, i.e., procreating a child .from outside, i.e., w/o penetration of penis or sexual intercourse: Manjula v
Suresh 1979 Del 93.
Felix qui potuit rerum cognoscere causas

Happy is he who has been able to understand the causes of things.
Felo de se
A felon with respect to himself; a suicide. Felony: Crimes above misdemeanour & below treason.
Felonia implicatur in qualibet proditione

Felony is implied in every treason.
Felonia, ex vi termini, significat quodlibet capitale crimen felleo animo perpetratum

Felony by force of the term signifies any capital crime perpetrated with a malignant mind.
Feme covert
Married woman.
Feme sole
Unmarried woman.
Feminµ non sunt capa ces de publicis officies

Females are not able to hold public offices.
Feodum est quod quis tenet ex quancunque causa sive sit tenementum sive reditus
A fee is that which any one holds from whatever cause, whether tenement or rent.
Ferµ igitur bestiµ et volucres et pisces, id est, omnia animalia quµ mari, coelo et terra nascuntur simul atque ab
alipuo capta fuerint, jure gentium statim illius esse incipiunt
Wild beasts, birds, fishes & all animals either in the sea, the air or on the earth so soon as they are taken by any one
immediately become by the laws of nations the property of the captor.
Fera natura
Wild nature.
Fere in omnibus p£nalibus judiciis et imprudentiµ succuritur

In almost all criminal trials, let allowance be made for youth imprudence.
Festinatio justitµ est loveree infortunii

Swift justice is the step mother of misfortune.
Festinatio justitiae est noverca infortunii.

The hurrying of justice is the stepmother of misfortune.
Feuda ad instar patrimoniorum sunt redacta

Lands held in fee are reduced to the character of a patrimony or succession.
Feudum
A fee.
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Feudum antiquum
An ancient fee.
Feudum apertum
An open fee.
Feudum francum
A free or frank fee.
Feudum improprium
An improper or derivative fee.
Feudum individuum
Indivisible or impartible fee descendible to the eldest son alone.
Feudum maternum
A maternal fee;
Feudum militare
A military fee.
Feudum militis
A-knights fee.
Feudum novum
A new fee.
Feudum paternum
A paternal fee.
Feudum simplex
Fee-simple.
Feudum sine investitura nullo modo constitui potest

A fee can by no method be created without livery of seisin.
Feudum talliatum
A mutilated fee, or inheritance, from which the heirs general were cut off.
Fiat jus ruat justitia

Let law prevail, though justice fail.
Fiat justitia
Let justice be done.
Fiat justitia ruat caelum.

Let justice be done, though the heavens hsould fall.
Fiat prout, fieri consuerit, nil temere novandum.

Let it be done as formerly, let nothing be done rashly.
Fictio cedit veritati, fictio juris non est ubi Veritas

Fiction yields to truth: where there is truth, fiction of law exists not.
Fictio cedit veritati; fictio juris non est, ubi veritas

Fiction yields to truth. Where truth is, fiction of law does not exist.
Fictio est contra veritatem, sed pro veritate habetur

Fiction is against the truth but it is to be esteemed as truth.
Fictio est contra veritatem, sed pro veritate habetur.

Fiction is aginst the truth, but it is to have truth.
Fictio juris
Legal fiction, e.g., a body of individual persons such as a company, a firm, a society, a university, treated in itself as a
person.
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Fictio juris non est ubi Veritas

Where truth is, fiction of law does not exist.
Fictio legis iniquµ operatur alicui damnum vel injuriam

A legal fiction does not properly work loss or injury.
Fictio legis neminem lµdit

A fiction of law injures no one.
Fictio legis netninem lµdit

A legal fiction must injure no one. Fictions are to be made only for necessity, & to avoid mischief.
Fictio legis non operatur damnum vel injuriam

A legal fiction does not work loss or injustice: Velayudhan v Aishabi 1981 Ker 185-92 FB.
Fides est obligatio concientiµ alicujus ad intentionem alterius

A trust is an obligation of conscience of one to the will of another.
Fides servanda
Good faith must be observed.
Fides servanda est

Good faith is to be preserved.
Fides servanda est; simiplicitas juris contium prµvaleat

Good faith is to be preserved; the simplicity of the law of nations should prevail.
Fieri facias (abreviated fi. fa.)

That you cause to be made.
Fieri non debuit sed factum valet

It ought not to have been done, but when done, it is binding.
Filiatio non potest probari

Filiation cannot be proved.
Filium aquµ
Middle of the stream.
Filius
son.
Filius constat esse in familia patris et non matris

A son appears to be in the family of the father & not of the mother.
Filius in utero matris est pars viscerum matris

A son in the mothers womb is part of the mothers vitals.
Filius nullius
Son of none: illegitimate child, a bastard.
Filius populi
Son of the people; illegitimate child, a bastard.
Finis
An end, a termination or limit.
Finis finem litibus imponit

A fine puts an end to litigation.
Finis finem litibus imponit.

The end puts an end to litigation.
Finis mandatory domini regis per resc ripta sua diligenturniunt observandi
The limits of the kings mandates in his rescripts are to be diligently observed.
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Finis rei attendedus est

The end of a thing is to be attended to.
Finis rei attendendus est.

The end of a thing is to be attended to.
Finis talis concordia finalis dicitur eo quod finem imponit negotie, adeo quod neutra pars litigantium, ab eo de
cµtero potest recedre
A final concord is that by which an end is put to the business from which end neither litigant can recede.
Finis unius diei est principium alterius

The end of one day is the beginning of another.
Finis unius diei est principium alterius.

The end of one day is the beginning of another.
Firmior et potentior est operatic) legis quam dispositio hominis

The operation of law is firmer & more powerful than the will of man.
Firmior et potentior est operatio legis quam dispositio hominis.

The disposition of law is firmer and more powerful than the will of man.
Fit fabricando faber

The law presumes that a workman becomes an expert by a long continued exercise of his particular vocation.
Flagrante delicto
In the very act of committing the crime.
Flumina et protus publica sunt, ideoque jus piscandi omnibus commune est.
Rivers and ports are public, therefore the right of fishing there is common to all.
Foeminµ ab omnibus officis civilibus vel publicis remotµ sunt

Females are not admissible to public offices.
Foenus nauticum
Nautical or maritime interest.
Forma non observata infertur adnullatio actus

From not being observed, a nullity of the acts is inferred.
Forma non observata, inferiur adnullatio actus.

When form is not observed a nullity of the act is inferred.
Forstellarius est pauperum depressor, et totius communitatis et patriµ publicus inimicus

A forestaller is an oppressor of the poor & a public enemy to the whole community & the country.
Forstellarius est pauperum depressor, et totius communitatis et patriae publicus inimicus.

A forestaller is an oppressor of the poor, and a public enemy to the whole community and the country.
Fortior est custodia legis quam hominis.

The custody of the law is stronger than that of man.
Fortior et potentior est dispositio legis quam hominis

The disposition of the law is stronger & more powerful than that of man.
Fortior et potentior est dispositio legis quam hominis.

The disposition of the law is stronger and more powerful than that of man.
Fortius sunt foris arma, nisi est consilium domi

The strongest arms in the field are weak if there is no wisdom in the council at home.
Forum actoris or rei

The forum of the pltfs or the defts domicile.
Forum actus
Forum where the act was done.
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Forum conscientiµ
The forum or tribunal of conscience.
Forum contentiosum
Place of litigation.
Forum contractus
Forum of the contract: Court of the place where a contract is made.
Forum domesticum
A domestic forum or tribunal.
Forum domicilli
The forum or Court of the domicile.
Forum ecclesiasticum
An ecclesiastical or spiritual Court as distinguished from a secular one.
Forum gestai
Place where an act is done, considered as a place of jurisdiction.
Forum ligeantiµ rei or actoris

The forum of allegiance of the deft or pltf.
Forum litis motµ or fortuitum

The forum where the suit happens to be brought
Forum originis
The forum or court of nativity; place of a persons birth considered as a place of jurisdiction.
Forum regium
The kings court.
Forum rei or rei sitµ

The forum where the property is situated.
Forum sµculare
The secular forum as distinguished from the spiritual or ecclesiastical forum.
Forum sequitor reum

The court follows the deft.
Fractionem diei non recipit lex

The law does not regard a fraction of a day.
Frater fratri uterino non succedet in hµreditate paterna

Full brothers succeed in preference to half brothers. A brother shall not succeed a uterine brother in the paternal
inheritance.
Fraus est celare fraudem

It is fraud to conceal fraud.
Fraus est celare fraudem.

It is a fraud to conceal a fraud.
Fraus est odiesa et non est prµsumenda

Fraud is odious & cannot be presumed. Courts will not be satisfied with proof, which falls .short of showing that
intentional misrepresentation was made with the knowledge of perpetrating fraud.
Fraus est odiosa et non praesumenda.

Fraud is odious and not to be presumed.
Fraus et dolus nemini patrocianari debent.

Fraud and deceit should excuse no man.
Fraus et dolus nemini patrocinari debent

Fraud & deceit should defend or excuse no man.
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Fraus et jus nunquam cohabitant

Fraud & justice never dwell together.
Fraus latet in generalibus.

Fraud lies hid in general expressions.
Fraus meretur fraudem.

Fraud deserves fraud.
fructus
fruit
Fructus fundi
The fruits of land.
Fructus naturales
Vegetation which grows naturally without cultivation.
Fructus pecudum
The produce of flocks or herds including milk, hair &wool.
Fructus pendentes
The fruits of a thing, while united with the thing which produces them.
Fructus pendentes pars fundi videntur.

Hanging fruits make part of the land.
Fructus perceptos villae non esse constat.

Gathered fruits do not make a part of the house.
Fructus rei alienae

The fruits of anothers property.
Fructus separati
Separate fruits; the fruits of a thing when they are separated from it.
Frustr est potentia quae numcquam venit in actum.

The power which never comes to be exercised is vain.
Frustr feruntur legis nisi subditis et obedientibus.

Laws are made to no purpose unless for those who are subject and obedient.
Frustr legis auxilium quaerit qui in legem committit.

Vainly does he who offends against the law, seek the help of the law.
Frustr petis quoa statim alteri reddere cogeris.

Vainly you ask that which you will immediately be compelled to restore to another.
Frustr probatur quod probatum non relevat.

It is vain to prove that which if proved would not aid the matter in question.
Frustra agit qui judicium prosequi nequit cum effectu

He in vain sues who cannot prosecute his judgment with effect.
Frustra est potentia quµ nunquam venit in actum

That power is to no purpose which never comes into act, or which is never exercised.
Frustra expectatur eventus cujus effectus nullus sequitur

An event is vainly expected from which no effect follows.
Frustra feruntur leges nisi subditis et obedientibus

Laws are made to no purpose unless for those who are subject & obedient.
Frustra fit per plura, quod fieri potest per pauciora

That is done vainly by many which might be accomplished by fewer.
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Frustra legis auxilium quµrit qui in legem committit

Vainly does he, who offends against the law, seek the help of the law.
Frustra petis quod statim alteri reddere cogeris

Vainly you ask that which you will immediately be compelled to restore to another.
Frustra probatur quod probatum non relevat

That is proved in vain which when proved is not relevant.
Furiosi nulla voluntas est

A mad man has no will.
Furiosus absentis loco est

A mad man is considered as absent.
Furiosus absentis loco est.

The insane is compared to the absent.
Furiosus solo furore punitur

A mad man is punished by his madness alone.
Furiosus solo furore punitur.

A madman is punished by his madness alone.
Furor contrahi matrimonium non sinit, quia consensus opus est

Insanity prevents marriage from being contracted because consent is needed.
Furtum
Theft.
Furtum conceptum
Received theft; the offence of receiving stolen goods.
Furtum non est ubi initium habet detentionis per dominium rei
It is not theft where the commencement of the detention arises through the owner of the thing.
Furtum non est ubi initium habet detentionis per dominum rei.
It is not theft where the commencement of the detention arises through the owner of the thing.
general & a special provision, the latter shall prevail

CIT v Shahjada Nand 1966 SC 1342 para 8. General provisions must always yield to the special provision: St of Guj
v Ramjibhai 1979 SC 1098 para 26. Special provision should be given effect to the extent of its scope, leaving the
general provision to control cases where the special provision does not apply: SI Corp v Secy, Board of Rev 1964 SC
207 para 18. Where there is an apparent conflict between the independent provisions of law, the special provision must
prevail : UOI v India Fisheries 1966 SC 35 para 9. A particular or special rule must control or cut down the general rule:
Bengal Immunity Co v St of Bihar 1955 SC 661 paras 35 & 167. Also Secy of St v HCI Soc 1931 PC 149 approved in
Patna Imp Trust v Lakshmi 1963 SC 1077 -para 12: Oriental F & G Ins Co v Nani Bala Devi 1988 Gau 40-9 = IJR 1987
Gau 11.99 per BL Hansaria J on 5.1.87.
Generale dictum generaliter est interpretandum.

A general expression is to be construed generally.
Generale nihil certum implicat.

A general expression implies nothing certain.
Generale tantum valet in generalibus, quanium singulare singulis.

What is general prevails or is worth as much among things general, as what is particular among things particular.
Generalia praecedunt, specialia sequuntur

Things general precede, things special follow.
Generalia specialibus non derogant

Things general do not derogate from things special.
Generalia sunt praeponenda singularibus.

General things are to be put before particular things.
62
Generalia verba sunt generaliter intelligenda

General words are understood in a general sense. For the sake of brevity, or because the enactment has to deal with
a multiplicity of circumstances, the draftsman often uses a broad term. This has the effect of delegating legislative
power to the courts and officials who are called upon to apply the enactment. The governing legal maxim is generalia
verba sunt generaliter intelligenda (general words are to be understood generally). {3 Co Inst 76.See Examples 78.5,
80.5 and 83.1} It is not to be supposed that the draftsman could have had in mind every possible combination of
circumstances which may chance to fall within the literal meaning of general words. [Novartis AG represented by its
Power of Attorney Ranjna Mehta Dutt Vs. Union of India (UOI) through the Secretary, Department of Industry, Ministry
of Industry and Commerce and Ors. MANU/TN/1263/2007]
Generalia verba sunt generaliter intelligenda.

General words are understood in a general sense.
Generalibus specialia derogant

Special things derogate from general things. The Court discussed that the learned Counsel for the Respondent also
submitted that the general legal principle of statutory interpretation of generalia specialibus non-derogant and
generalibus specialia derogant applied. That is, if a special provision is made on a certain matter, that matter is
excluded from the general provision. [Ethiopian Airlines Vs. Ganesh Narain Saboo MANU/SC/0975/2011]
Generalis clausula non porrigitur ad ea quµ antea specialiter sunt comprehensa

a general clause does not extend to those things which are included in previous special words. The rule of
construction of statutes , generalisclausula non porrigitur ad ea quae antea specialiter sunt comprehensa (a general
clause does not extend to those things which are included in previous special words), or shortly stated generalibus
specialia derogant (special things derogate from general) comes into play. In J. K. C. S. & W. Mills v. State of U.
P..MANU/SC/0287/1960 : AIR 1961 SC 1170 their Lordships, recalling the well-known rule of construction that general
provitions yield to special provisions observed that this rule is applicable to resolve not only a conflict between the
general provision in one Act and the special provision in another Act, but also the conflict between general and special
provisions in the same legislative instrumentö [Union of India (UOI) Vs. Shankerlal MANU/MP/0056/1972]
Generalis clausula non porrigitur ad ea quae antea specialiter sunt comprehensa.

A general clause does not extend to those things which are previously provided for specially.
Generalis regula generaliter est intelligenda

A general rule is to be generally understood.
Gestio pro hµrede

Behaviour/conduct as heir by which he renders himself liable for his ancestors debts, as by taking possession of title-
deeds, receiving rents, etc.
Gradu mediativo
Middle stage.
Grammatica falsa non vitiat chartum

False grammar does not vitiate a deed. ôMala grammatica non vitiat chartum. Sed in expositione instrumentorum
mala grammatics quoad fieri possit evitanda est - Bad grammar does not vitiate a deed. But in the exposition of
instruments, bad grammar, as far as it can be done, is to be avoided.ö [C. Nagamanickaya and Ors. Vs. K.
Syamanthakamma and Ors MANU/TN/0305/2012]
Gravius est divinam quam temporalem laedere majestatem

It is more serious to hurt divine than temporal majesty.
Hµred de facto
Heir from fact; an heir from the deed or act of the ancestor.
Hµreditas nihil aliud est, quam successio in universum jus quod defunctus habuerit
The right of inheritance is nothing else than the faculty of succeeding to all the rights of the deceased.
Hµreditas nunquam ascendit

An inheritance never ascends.
Hµredum appellatione veniunt hµredes hµredum in infinitum

By the title of heirs, come the heires of heires to infinity.
Hµres astratrius
An heir in actual possession.
63
Hµres est aut jure proprietatis aut jure representationis

An heir is by right of property, or by right of representation.
Hµres est eadem persona cum antecessore pars antecessoris

The heir is the same person as his ancestor, a part of his ancestor.
Hµres est nomen collectivium

ôHeirö is a colective name or noun.
Hµres est nomen juris, filius est nomen naturµ

Heir is a name of law, son is a name of nature.
Hµres ex asse
An heir to the whole estate; a sole heir.
Hµres extraneous
A strange or foreign heir.
Hµres factus
An heir made by will; a testamentary heir; the person created universal successor by will.
Hµres fidei commissarius

A testamentary heir; one appointed by the will of the decedent.
Hµres fiduciarius
A fiduciary heir or heir in trust; a person constituted heir to an estate by will in trust for the benefit of another.
Hµres legitimus est quern nuptiµ demonstrant

He is a lawful heir whom marriage points out as such; who is born in wedlock.
Hµres minor uno et viginti annis non respondebit nisi in casu dotis
A minor heir is not answerable except in case of dower.
Hµres natus
A person born heir as distinguished from one made heir.
Hµres necessarius
A necessary or compulsory heir. This name was given to the heir when, being a slave, he was named "heir" in the
testament, because on the death of the testator, whether he would or not, he at once became free, and was compelled
to assume the heirship
Hµres suus
A mans own heir; a decedents proper or natural heir. This name was given to the lineal descendants of the
deceased.
Habeas corpus
That you have the body.
Habemus optimum testem confitentem reum

We have the best witness, a confessing defendant.
Haeredem deus facit, non homo

God makes the heir, not man.
Haeredem Deus facit, non homo.

God and not man, make the heir.
Haereditas ab intestato
Succession from an intestate.
Haereditas alia corporalis alia incorporalis

Corporalis est, quµ tangi potest et videri; incorporalis quµ tangi non potest nee videri: An inheritance is either
corporeal or incorporeal. Corporeal is that which can be touched and seen; incorporeal, that which can neither be
touched nor seen
Haereditas est successio in universum jus quod defunctus habuerat

Inheritance is the succession to every right which the deceased had.
64
Haereditas jacens
Inheritance in abeyance/expectation. So long as no one had acqired the inheritance, it was termed ôhaereditas
jacens;ö and this, by a legal fiction, represented the person of the decedent.
Haeres est alter ispe, et filius est pars patris.

An heir is another self, and a son is a part of the father.
Haeres est aut jure proprietatis aut jure representationis.

An heir is either by right of property or right of representation.
Haeres est eadem persona cum antecessore.

The heir is the same person with the ancestor.
Haeres est nomen juris, filius est nomen naturae

Heir is a term of law, son, one of nature.
Haeres haeredis mei est meus haeres.

The heir of my heir is my heir.
Haeres legitimus est quem nuptiae demonstrant.

He is the lawful heir whom the marriage demonstrates.
Haeris est nomen juris, filius est nomen naturae.

Heir is a term of law, son one of nature.
hinc inde
on the one hand and on the other
Hoc
This.
Hoc intuitu
With this expectation.
Hoc loco
In this place.
Hoc nominee
In this name.
Hoc quidem perquam durum as sed ita lex scripta est

Hard may be the law, yet it should be given effect to.
Hoc servalutur quod initio convenient

That shall be preserved which is useful in beginning.
Hoc voce
Under this word.
Hominum caus jus constitutum est.

Law is established for the benefit of man.
Homo vocabulum est naturae; persona juris civilis

Man is a term of nature, person of the civil law.
Hostes sunt qui nobis vel quibus nos bellum, decernimus cµteri proditores vel prµdones sunt
: Enimies are those with whom we declare war, or who declare it against us; all others are traitors or pirates.
ibid
at the same place (used in footnotes for work already cited previously)
Id certum est quod certum reddi potest

Certain is that which can be made certain.
Id certum est quod certum reddi potest.

That is certain which may be rendered certain.
65
Id est
That is, abbreviated as, i.e.
Id est (i.e)
That is.
Id perfectum est quod ex omnibus suis partibus constat.

That is perfect which is complete in all its parts.
Id possumus quod de jure possumus

We are able to do that which we can do lawfully.
Id possumus quod de jure possumus.

We may do what is allowed by law.
Id quod commune est, nostrum esse dicitur

That which is common is said to be ours.
Id quod est magis remotum non trahit ad se quod est magis junctum sed contrario in omni casu
That which is more remote does not draw to itself that which is nearer.
Id quod nostrum est, sine facto nostra ad alium transferri non potest
What belongs to us cannot be transferred to another without our consent.
Id quod nostrum est, sine facto nostro ad alium transferi non potest.
What belongs to us cannot be transferred to another without our consent.
Id solum nostrum quod debitis deductis nostrum est

That only is ours which remains to us after deduction of debts.
Id tantum possumus quod de jure possumus

We can do only that which we can do lawfully.
Id=Idem
The same.
Idem
The same person or thing.
Idem agens est facere et non prohibere cum possis

It is the same thing to do a thing as not to prohibit it when in your power.
Idem agens est non esse et non apparere

Not to be & not to appear are the same.
Idem agens et patiens esse non potest

To be at once the person acting & the person acted upon is impossible.
Idem agens et patiens esse non potest.

One cannot be agent and patient, in the same matter.
Idem est facere, et nolle prohibere cum possis.

It is the same thing to do a thing as not to prohibit it when in your power.
Idem est nihil dicere et insufficienter dicere.

It is the same thing to say nothing and not to say it sufficiently.
Idem est non probari et non esse; non deficit jus sed probatio
What is not proved & what does not exist, are the same; it is not a defect of the law, but of proof.
Idem est non probari et non esse; non deficit jus, sed probatio.
What does not appear and what is not is the same; it is not the defect of the law, but the want of proof.
Idem est scire aut scire debere aut potuisse

To be bound to know or to be able to know is the same as to know.
66
Idem est scire aut scire debet aut potuisse.

To be able to know is the same as to know. This maxim is applied to the duty of every one to know the law.
Idem nihil dicere et insufficienter dicere est

It is the same to say nothing as not to say enough.
Idem non esse et non apparet.

It is the same thing not to exist and not to appear.
Idem semper antecedenti proximo refertur

Same always relates to the next antecedent.
Idem semper antecedenti proximo refertur.

The same is always referred to its next antecedent.
Idem sonans
Of the same sound.
Identias vera colligitur ex multitudine signorum

True identity is collected from a number of signs
Identitas vera colligitur ex multitudine signorum.

True identity is collected from a number of signs.
Ideo consideratum est

Used in the body of judgment, means "Therefore it is considered".
Ides
15th day of March, May, July & October, & 13th day of other months.
Ignorantia eorum quµ quis scire tenetur non exusat

Ignorance of those things which one is bound to know excuses not.
Ignorantia excusatur, non juris sed facti.

Ignorance of fact may excuse, but not ignorance of law.
Ignorantia facti excusat, ignorantia juris non excusat.

Ignorance of facts excuses, ignorance of law does not excuse.
Ignorantia facti excusat; Ignorantia juris non excusat

Ignorantia judicis est calamitas innocentis

Ignorance of the judge is misfortune of the innocent.
Ignorantia judicis est calamitas innocentis.

The ignorance of the judge is the misforture of the innocent.
Ignorantia juris quod quisque scire tenetur, neminem excusat

Ignorance of the law which everyone is bound to know excuses no one.
Ignorantia juris sui non prµjudicat juri

Ignorance of ones right does not prejudice the right.
Ignorantia legis neminem excusat.

Ignorantia prµsumitur ubi scientia non probatur

Ignorance is presumed where knowledge is not proved.
Ignorantia terminis ignoratur et ars.

An ignorance of terms is to be ignorant of the art.
Ignorare legis est lata culpa

To be ignorant of the law is gross neglect.
67
Ignoratis terminis, ignoratur et ars

Terms being unknown, the act also is unknown.
Ignotum per ignotius

Explanation more obscure than the thing it explains.
Illud quod alias licitum non est necessitas facit licitum, et necessitas inducit privilegium quod ju
That which is not otherwise permitted, necessity allows, and necessity makes a privilege which supersedes the law.
Illud quod alias licitum non est, necessitas facit licitum, et necessitas inducit privilegium quod jure privatur
That which is not otherwise lawful, necessity makes lawful & necessity makes a privilege which supersedes the law.
Illud quod alteri unitur extinguitur, neque amplius per se vacare licet
That which is united to another is extinguished, nor can it be any more independent.
Imperitia culpae annumeratur.

Ignorance, or want of skill, is considered a negligence, for which one who professes skill is responsible.
Imperium in imperio
A sovereignty within a sovereignty.
Impersonalitas non concludit nec ligat.

Impersonality neither concludes nor binds.
Impotentia excusat legem.

Impossibility excuses the law.
Impunitas continuum affectum fribuit delinquenti

Impunity offers a continual bait to a delinquent.
Impunitas continuum affectum tribuit delinquenti.

Impunity offers a continual bait to a delinquent.
Impunitas semper ad deteriora invitat

Impunity always leads to greater crimes.
In µqua manu
In equal hand.
In µquali jure
In equal right.
In µquali jure melior est conditio possidentis

Where equities are equal, law should prevail: When the parties have equal rights, the condition of the possessor is
the better.[ Sailen Krishna v Malik 1989 SC 1596]
In adversum
Against an adverse party.
In aedificiis lapis male positus non est removendus.

A stone badly placed in a building is not to be removed.
In aequali jure melior est conditio possidentis.

When the parties have equal rights, the condition of the possessor is the better.
In alio loco
In another place.
In alta proditione nullus potest esse accessorius sed principalis solnmmodo

In high treason no one can be an accessory; all are principals.
In alta proditione nullus potest esse acessorius; sed principalis solum modo
In high treason no one can be an accessory; but a principal only.
In alternativis electio est debitoris.

In alternatives there is an election of the debtor.
68
In ambigua voce legis ea potius accipienda est significatio, quµ vitio caret, prµsertim cum etiam voluntas legis
ex hoc colligi possit
In an ambiguous law, that interpretation shall be preferred which is most consonant to equity especially where it is in
conformity with the general design of the legislature.
In ambiguis orationibus maxime sententia spectanda est ejus, qui eas protulisset
When there are ambiguous expressions, the intention of him who uses them is especially to be regarded.
In ambiguo
In doubt.
In Anglia non est interregnum

In England there is no interregnum.
In atrocioribus delictis punitur affectus licet non sequatur effectus

In more atrocious crimes, the intent is punished though the effect does not follow.
In autre droit
In anothers right; in a representative capacity. An executor who sues for a debt due to his testator is said to sue in
autre droit.
In bonis defuncti
Among the goods of the deceased.
In camera
In private
In casu extremµ necessitatis omnia sunt communia

In cases of extreme necessity, everything is in common.
In casu extremae necessitatis omnia sunt communia

In a case of extreme necessity everything is common.
In civile est nisi tota sententia inspectu, de aliqua parte judicare.

It is improper to pass an opinion on any part of a sentence, without examining the whole.
In civilibus ministerium excusat in criminalibus non item

In civil matters agency excuses, but not so in criminal matters.
In cognitio
Concealing the real identity.
In commodato hµc pactio, ne dolus prµstetur rata non est

If in a contract for a loan there is inserted a clause that fraud should not be accounted for, such clause is void.
In commodo haec pactio, ne dolus praestetur, rata non est.

If in a contract for a loan there is inserted a clause that the borrower shall not be answerable for fraud, such clause is
void
In communi
In common.
In conjunctivis oportet utramque partem esse veram

In conjunctives each part must be true.
In conjunctivis oportet utramque partem esse veram.

In conjunctives each part ought to be true.
In consideratione legis
In contemplation of law.
In consimili casu consilile debet esse remedium.

In similar cases the remedy should be similar.
In consimili casu, consimili debet esse remedium

In similar cases, the remedy should be similar.
69
In consuetudinibus non diuturnitas temporis sed soliditas raionis est consideranda

In customs, not the length of time but the strength of the reason should be considered.
In contractibus, benigna, in testamentis benignior; in restitutionibus, benignissima interpretatio facienda est

In contracts, the interpretation or construction should be liberal; in wills more liberal; in restitutions most liberal.
In contractibus, benigna; in testamentis, benignior; in restitutionibus, benignissima interpretatio

In contracts, the interpretation or construction should be liberal; in wills, more liberal; in restitutions, more liberal.
In contractibus, tacite insunt quµ moris et consuetudinis

In contracts, those things which are of custom & usage are tacitly implied.
In contrahenda venditione, ambiguum pactum contra venditorem interpretandum est

In negotiating a sale, an ambiguous agreement is to be interpreted against the seller.
In conventibus contrahensium voluntatem potius quam verba spectari placuit.

In the agreements of the contracting parties, the rule is to regard the intention rather than the words.
In conventionibus contrahentium voluntas potius quam verba spectari placuit

In agreement, the rule is to regard the intention of the contracting parties rather than their words.
In corpore
In substance.
In criminalibus probationes debent esse luce clariores

In criminal cases the proofs ought to be cleared than the light.
In criminalibus probationes debet esse luce clariores

In criminal cases the proof ought to be clearer than light.
In criminalibus sufficit generalis malitia intentionis cum facto paris gradus

In criminal cases a general malice of intention is sufficient with an act of corresponding degree.
In criminalibus sufficit generalis malitia intentionis cum facto paris gradus.

In criminal cases a general intention is sufficient, when there is an act of equal or corresponding degree
In criminalibus voluntas reputabitur pro facto

In criminal acts, the will be taken for the deed.
In criminalibus, probationes bedent esse luce clariores.

In criminal cases, the proofs ought to be clearer than the light.
In cujes rei testimonium

In witness whereof.
In curia
In the open court.
In curia domini regis, ipse in propria persona jura discernit

In the King s Court, the King himself in his own person dispenses justice.
In custodia legis
In legal custody.
In damno
In damage.
In delicto
At fault.
In diem
For a day.
In disjunctivis sufficit alteram partem esse veram

In disjunctives, it is sufficient if either part be true.
70
In disjunctivis sufficit alteram partem esse veram.

In disjunctives, it is sufficient if either part be true.
In dubiis benigniora prµferenda sunt

In doubtful matters, the more favourable are to be preferred.
In dubiis magis dignum est accipiendum

In doubtful cases the more worthy is to be taken.
In dubiis magis dignum est accipiendum.

In doubtful cases the more worthy is to be taken.
In dubiis non prµsumitur pro testamento

In doubtful cases, there is no presumption in favour of the will.
In dubiis non praesumitur pro testamento.

In doubtful cases there is no presumption in favor of the will.
in dubio
on a doubtful point
In dubio hµc legis constructio quam verba ostendunt

In a doubtful case, it is the construction of the law which the words indicate.
In dubio haec legis constructio quam verba ostendunt.

In a doubtful case, that is the construction of the law which the words indicate.
In dubio pars melior est sequenda.

In doubt, the gentler course is to be followed.
In dubio pars mittior est sequenda

In doubt, the gentler course is to be followed.
In dubio pro lege fori

In a doubtful case, the law of the forum is to be preferred.
In dubio sequendum quod tutius est

In doubt, the safer course is to be adopted.
In dubio, sequendum quod tutius est.

In doubt, the safer course is to be adopted.
In eo quod plus sit, semper inest et minus.

The less is included in the greater.
In eo, quod plus sit, semper inest et minus

The less is always included in the greater.
In equity
In a court of equity; through proceedings in equity.
In esse
In existence.
In excambio
In exchange.
In exitu
In issue.
In expositione instrumentorum mala grammatica, quod fieri potest, vitanda est

In the construction of instruments, bad grammar is to be avoided as much as possible.
In extenso
At full length.
71
In extremis
Near death; about to die.
In fact, Art 20(1) is on the same lines. It prohibits conviction or sentence under an ex post facto law. [Shio
Bahadur Singh v St of VP 1953 SC 394
Ashok v St of UP 1987 All 235.]
In facto
In fact, indeed.
In facto quod se habet ad bonum et malum magis de bona quam de malo lex intendit
In a deed which may be considered good or bad, the law looks more to the good than to the bad.
In facto quod se habet ad bonum et malum magis de bono quam de malo lex intendit.
In a deed which may be considered good or bad, the law looks more to the good than to the bad
In favorabilibus magis attenditur quod prodest quam quod nocet

In things favoured, what does good is more regarded than what does harm.
In favorabilibus magis attenditur quod prodest quam quod nocet.

In things favored what does good is more regarded than what does harm.
In favorem libertatis
In favour of liberty.
In favorem vitµ
In favour of life.
In favorem vitµ libertatis et innocentiµ ominia prµsumuntur

In favour of life, liberty & innocence all things are to be presumed.
In fictione juris, semper subsistit aequitas.

In a fiction of law, equity always subsists.
In fictione legis aequitas existit

A legal fiction is consistent with equity.
In fieri
In the course of accomplishment.
In flagrante delicto
In the very act of committing a crime.
In forma pauperis
In the form of a pauper/ an indigent person.
In foro conscientiµ
In the tribunal of conscience; in a court of equity.
In foro conscientiae
In the forum of conscience.
In foro ecclesiastico
In the ecclesiastical Court.
In foro sµculari
In a secular Court.
In fraudem legis
In fraud of the law.
In futoro
In the future.
In futuro
In the future.
72
In generalibus versatur error

Error dwells in general expressions.
In genere quicumque aliquid dicit, sive actor sive reus nee esse est ut probat
In general, whoever alleges anything whether as plaintiff or as defendant, must prove it.
In gremoi legis
Under the protection of law.
In gross
Not appendant or appurtenant to any land, but personal, e.g., easement in gross.
In hµredes non solent transire actiones quµ pµnales ex maleficio sunt

Penal actions arising from anything of a criminal nature do not pass to heirs.
In his enim quµ sunt favorabilia animµ quamiais sunt damnosa rebus, fiat aliquando extentio statuti
In things that are favourable to the spirit, though injurious to property, an extension of the statute should sometimes
be made.
In his quµ de jure communi omnibus conceduntur consuetudo alicujus partiµ vel loci non est allegenda
In those things which by common right are conceded to all, the custom of a particular country or place is not to be
alleged.
In hoc
In this.
in hoc statu
in this state of matters; at this stage
In hunc modum
In this manner.
In infinitum
Without limit.
In initio
In the beginning.
In integrum
Anew.
In invidiam
To excite prejudice.
In invitum
Against a persons will.
In judiciis minori µtati succurritur

In judl proceedings, infancy is favoured.
In judiciis minori aetati sucuritur.

In judicial proceedings, infancy is aided or favored.
In judicio
In Court.
In judicio non creditur nisi juratis

In law, no one is credited unless he is sworn.
In judicio non creditur nisi juratis.

In law none is credited unless he is sworn. All the facts must when established, by witnesses, be under oath or
affirmation.
In jure
In law; in right.
In jure non remota causa, sed proxima spectatur

In law, the proximate & not the remote cause is to be regarded.
73
In jure proprio
In ones own right.
In limine
At the outset, on the threshold
In litem
In or during the litigation.
In loco
In the place.
In loco parentis
In place of the parent
In majore summ continetur minor.

In the greater sum is contained the less.
In majore summa continetur minor

In the greater sum is contained the less.
In majorem cautelam
In greater caution.
In maleficiis voluntas, non exitus, spectatur

In offences, the intention is regarded, not the event.
In maleficio ratihabitio mandato comparatur

In a tort, ratification is equivalent to authority.
In maleficio ratihabitio mandato comparatur.

He who ratifies a bad action is considered as having ordered it.
In maxim potenti minima licentia.

IN the greater power is included the smaller license.
In maxima potentia minima licentia

In the greatest power there is the least liberty.
In media res
Into the heart/middle of the matter.
In medio
In the enjoyment of no one: Sarada v Khirod 1983 Ori 155.
In memorium
In memory of.
In mercibus illicitis non sit commercium

There should be no commerce in illicit goods.
In mercibus illicitis non sit commercium.

NO commerce should be in illicit goods.
in modo probationis
in the way of proof
In mora
In delay; in default.
In mortua manu
In a dead hand.
In novo casu novum remedium apponendum est

In a new case a new remedy is to be applied.
74
In nubibus
In the clouds; in abeyance.
In nullius bonis
In the good of no one.
In obscuris inspici solere quod verisimilius est, aut quod plerumque fieri solet
Where there is obscurity, we usually regard what is probable or what is generally done.
In obscuris quod minimum est sequimur

In obscure cases, we follow that which is least so.
In obscuris, quod minimum est, sequitur.

In obscure cases, the milder course ought to be pursued.
In odium spoliatoris omnia prµsumuntur

All things are presumed against a wrong doer.
In odium spoliatoris omnia praesumuntur.

All things are presumed in odium of a despoiler.
In omni actione ubi duµ concurrunt disrictiones videlicet in rem et in personam illa districtio tenenda est quµ
magis timetur et magis ligat
In every action where two distresses concur, that is in rem, & in personam that is to be chosen which is most
dreaded & which binds most firmly.
In omni re nascitur res quµ ipsam rem exterminat

In every thing, the thing is born which destroys the thing itself.
In omni re nascitur res quae ipsam rem exterminat

In everything is born that which destroys the thing itself.
In omnibus
In every respect.
In omnibus contractibus, sive nominatis sive innominatis, permutatio continetur

In every contract, whether nominate or innominate, there is implied an exchange, a consideration.
In omnibus contractibus, sive nominatis sive innominatis, permutatio continetur.

In every contract, whether nominate or innominate, there is implied a consideration.
In omnibus obligationibus, in quibus dies non ponitar, praesenti die debutur.

In all obligations when no time is fixed for the payment, the thing is due immediately
In omnibus obligationibus, in quibus dies non ponitur, prµsenti die debetur

In all obligations, when no time is fixed for the performance, the thing is due immediately.
In omnibus p£alibus judiciis et µtati et imprudentiµ succuritur

In all trials for penal offences, allowance is made for youth & lack of discretion.
In omnibus quidem, maxim tamen in jure, aequitas spectanda sit.

In all affairs, and principally in those which concern the administration of justice, the rules of equity ought to be
followed
In omnibus quidem, maxinie tamen in jure, µquitas spectanda sit

In all affairs indeed, but principally in those which concern the administration of justice, equity shd be regarded.
In pµnalibus causis benignius interpretandum est

In penal cases, the more favourable interpretation is to be made.
In pace dei et regis

In the peace of God & the King.
In pais
Out of Court.
In pari causa
In a similar case; under like conditions.
75
In pari causa possessor potior est.

In an equal case, better is the condition of the possessor.
In pari causa possessor potior haberi debet.

When two parties have equal rights, the advantage is always in favor of the possessor.
In pari delicto
In equal fault. When a party very much conscious of the illegal nature of the contract entered into it, doctrine of ***
shall always come into play where both the parties knowingly enter into a contract which is against public policy or the
law. No party can be permitted to retract from the contract: [Ramswarup Pd v Budhdeo Jagannath v Gopal Pd 1983 Pat
50.]
In pari delicto melior est conditio possidentis.

When the parties are equally in the wrong, the condition of the possessor is better.
In pari delicto potior est conditio defendanti

No court will lend its aid to a man who founds his cause of action on an immoral or an illegal act. If, from the
plaintiffÆs own standing or otherwise, the cause of action appears to arise ex turpi causa; or the transgression of a
positive law of this country, there the court says that he has no right to be assisted [Dalchand v Babu Ram 1981 All
335-40.]
In pari delicto potior est conditio possidentis

When the parties are equally in the wrong the condition of the possessor is better.
In pari materia
On the same subject; in the similar case/material/matter/ position. [Dr Baliram Hiray v Mr Justice B Lentin
1988 SC2267-79]
In pari passu
On equal footing.
In patiendo
In suffering; in permitting.
In pendente
In suspense.
In perpetuity/perpetuum
For ever.
In perpetuum rei testimonium

In perpetual testimony of the thing.
In person
Personally.
In personam
Against the person.
In pios usus
For religious use.
In plena lumine
In full light; in daytime.
In plena vita
In full life.
In pleno
In full.
In posse
In possibility; in potentiality: [T Rangaswami v T Aravindammal 1957 Mad 243]
In posterum
In future.
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In prµparatoriis ad judicium favetur actori

In things preparatory before trial, the plaintiff is favoured.
In prµsenti
At present.
In prµsentia majoris cessat potentia minoris

In the presence of the major, the power of the minor ceases.
In praesentia majoris potestatis, minor potestas cessat.

In the presence of the superior power, the minor power ceases.
In pretio emptionis et venditionis naturaliter licet contrahentibus se circumvenire

In the price of buying & selling, it is naturally allowed to the contracting parties to overreach each other.
In primis
In the first place.
In principio
In the beginning.
In promptu
In readiness.
In propri cuus nemo judex.

No one can be judge in his own cuase.
In propria causa nemo judex

No one can be a judge in his own cause.
In propria persona
In ones own person or behalf.
In proximo gradu
In the next, or nearest, degree.
In quo quis delinquit in eo de jure estpuniendues

In whatever thing one offends, in that he is rightfully to be punished.
In re
In the matter/transaction of.
In re aliena
In anothers affair or property.
In re communi neminem dominorum jure facere quicquam, invito altero, posse

One coproprietor can exercise no authority over the common property against the will of the others.
In re dubia benigniorem interpretationem sequi non minus justice est, quam tutis
In a doubtful case, to follow the milder interpretation is not less the more just than it is the safer course.
In re dubia magis infitiatio quam affirmatio intelligenda

In a doubtful matter, the negative is to be understood rather than the affirmative.
In re lupanari, testes lupanares admittentur

In a matter concerning brothel, prostitutes are admitted as witnesses.
In re pari potiorem causam esse prohibentis constat

Where a thing is owned in common, it is agreed that the cause of him prohibiting is the stronger.
In re propria
In ones own business.
In re propria iniquum admodum est alicui licentiam tribuere sentential

It is extremely unjust that anyone should be judge in his own cause.
77
In rebus
In matters/transactions.
In rebus manifestis errat qui actoritates leguni allegat; quia perspicua vera non sunt probanda
He errs who alleges the authorities of law in things manifest, because obvious truths need not be proved.
In rem
Against the King; against the property, not against a person.
in rem suam
to one's own advantage
In repropri iniquum admodum est alicui licentiam tribuere sententiae.

It is expremely unjust that any one should be judge in his own cause.
In republica maxime conservanda sunt jura belli

In the State, the laws of war are to be especially observed.
In restitutionem non in pµnam lucres succedit

The heir succeeds to the restitution, not the penalty.
In restitutionem, non in paenam haeres succedit.

The heir succeeds to the restitution not the penalty.
In restitutionibus benignissima interpretatio facienda est

The most favourable construction is to be made in restitutions.
In restitutionibus benignissima interpretatio facienda est.

The most favorable construction is made in restitutions.
In reum natura
In the nature of things.
In rixa
In quarrel.
In satisfactionibus non permittitur amplius fieri quam semel factum est

In payments, more must not be received than has been received once for all.
In scaccario
In the exchequer.
In scrinio judicis
Among the judges notes, i.e., not the record.
In situ
In its place.
In solido/solidum
As a whole; for the whole sum; jointly & severally.
in solidum
for the whole sum
In solo
In the soil; on the land.
In solutum
In payment.
In specie
In kind.
In status quo
In the same state.
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In status quo ante bellum/fuit

In the state in which it was before the war.
In stipulationibus cum quµritur quid actum sit verba contra stipulatorem interpretanda sunt
In contracts, when the question is what was agreed upon, the terms are to be interpreted against the party offering
them.
In stipulationibus id tempus spectatur quo contrahimus

In agreements, reference is had to the time at which they were made.
In stirpes
According to branches/roots.
In stricto jure
In strict law.
In summa
On the whole.
In suo quisque negotio hebetior est quam in aileno

Everyone is more dull in his own business than in that of another.
In suo quisque negotio hebetior est quam in alieno.

Every one is more dull in his own business than in that of another.
In superficie
Superficially.
In suspenso
In suspense.
In terrorem
As a warning or deterrent.
In terrorem populi
To the terror of the people.
In testamentis plenius testatoris intentionem scrutamur

In wills we seek diligently the intention of the testator.
In testamentis plenius voluntates testantium interpretantur

In testaments, the will of the testator should be liberally construed.
In testamentis ratio tacita non debet considerari sed verba solum spectari debent; adeo per divinationem
montis a verbis recedre durum est
In wills, an unexpressed meaning ought not to be considered but the words alone ought to be looked to.
In testimonium
In testimony or witness whereof.
in toto
in total, in full
In toto et pars continetur

A part is included in the whole.
In toto et pars continetur.

A part is included in the whole.
In traditionibus chartarum non quod dictum sed quod factum est inspicitur
In the delivery of deeds, not what was said but what was done must be looked at.
In transition
In transit; on way or passage.
In transitu
During the transit or removal from one place to another.
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In utero matris
In the mothers womb.
In ventre sa mere
In the mothers womb. A child in ventre sa mere is considered as born.
In verbis non verba sed res et ratio quµrenda est

In words, not the words but the things & meaning are to be inquired into.
In verbis, non verba sed res et ratio quaerenda est

In words, not words, but the thing and the meaning are to be inquired into.
In vita
In life.
In vocibus videndum non a quo sed ad quid sumatur

In discourses it is to be considered, not from what, but to what, it is advanced.
Incendium µre alieno non exuit debitorem

A fire does not exonerate a debtor from debt.
Incerta
Uncertain.
Incerta pro nullis habentur

Things uncertain are held for nothing.
Incerta pro nullius habentur.

Things uncertain are held for nothing
Incerta quantitas vitiat acium.

An uncertain quantity vitiates the act.
Incerta quantitas vitiat actum

An uncertain quantity vitiates the thing.
Incivile est, nisi tota lege prospecta, una aliqua particula ejus proposita judicare vel respondere
It is improper, unless the whole law is examined, to give judgment or advice upon a view of a single clause of it.
Incivile est, nisi tota sententia perspecta, de aliqua parte judicare

It is improper to pass an opinion on any part of a passage without examining the whole.
Inclusio unius est exclusio alterius

Inclusion of one is exclusion of another.
Inclusio unius est exclusio alterius.

The inclusion of onoe is the exclusion of another.
Incoherent
Wanting cohesion or agreement; logically disconnected.
Incolas domicilium facit

Residence creates domicil.
Incommodum non solvit argumentum

An inconvenience does not settle an argument.
Incommodum non solvit argumentum.

An inconvenience does not solve an argument.
Incorporalia bello non adquiruntur

Incorporeal things are not acquired by war.
Incrementa
Additions..
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Inde datee leges ne fortior omina posset

Laws were made lest the stronger should be all powerful.
Indebitatus
Indebted.
Indebitum
Not due; not owing.
Indefinitum aequipolet universali.

The undefined is equivalent tothe whole.
Indefinitum equipollet universali

The indefinite is equivalent to the whole.
Indefinitum supplet locum universali

The indefinite supplies the place of the whole.
Indefinitum supplet locum universalis.

The undefined supplies the place of the whole
Independenter se habet assecuratio a viaggio vanis.

The voyage insured is an independent or distinct thing from the voyage of the ship.
Index animi sermo est

Sermon (speech) is the index of mind.
Index animi sermo.

Speech is the index of the mind.
Indicia
Marks, signs.
Inesse potest donationi, modus, conditio sive causa; ut modus est; si conditio; qui causa
In a gift, there may be manner, condition & cause.
Inesse potest donationi, modus, conditio sive causa; ut modus est; si conditio; quia causa.
In a gift there may be manner, condition and cause; as, (ut), introduces a manner; if, (si), a condition; because,
(quia), a cause
Infamia
Infamy; disgrace.
Infamia facti
Infamy of one supposed to be guilty of infamous crime.
Infamia juris
Infamy on conviction of crime.
Infans non multum a furioso distat

At infant does not differ much from a lunatic.
Infantia
Childhood up to the age of seven years.
Infinitum in jure reprobatur.

That which is infinite or endless is reprehensible in law.
Infortunium
Misfortune; misadventure.
Infra
Below; within; beneath.
Infra dig
Below dignity.
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Infra dignitatem curiµ

Beneath the courts dignity.
Infra regnum
Within the realm.
Ingress
(Right of) entrance. A grant of a right of ingress, egress & regress is a grant of a right of way from the locus a quo to
the locus ad quern, &from the locus ad quern forth to any other spot to which the grantee may lawfully go, or back to
the locus a quo.
Iniquity
Gross injustice; wickedness.
Iniquum est alios permittere, alios inhibere mercaturam

It is inequitable to permit some to trade & to prohibit others.
Iniquum est alios permittere, alios inhibere mercaturam.

It is inequitable to permit some to trade, and to prohibit others.
Iniquum est aliquem rei sui esse judicem

It is unjust for any one to be judge in his own cause.
Iniquum est aliquem rei sui esse judicem.

It is against equity for any one to be judge in his own cause.
Iniquum est ingenuis hominibus non esse liberam rerum suarum alienationem
It is against equity for freemen not to have the free disposal of their own property.
Iniquum est ingenuis hominibus non esse liberam rerum suarum alienationem.
It is against equity to deprive freeman of the free disposal of their own property.
Initialia testimonii
Preliminary examination of a witness.
Initio
Beginning.
Injures graves
Grievous injuries/insults.
injuria
wrongful act; injustice (also iniuria)
Injuria fit ei cui convicium dictum est, vel de eo factum carmen famosum.
It is a slander of him who a reproachful thing is said, or concerning whom an infamous song is made.
Injuria fit ei cui convicium dictum est, vel ed eo factum carmen famosum
An injury is done to him of whom a reproachful thing is said or concerning whom an infamous song is made.
Injuria non excusat injuriam

A wrong does not excuse a wrong.
Injuria non prµsumitur

A wrong is not presumed.
Injuria non praesumitur.

A wrong is not presumed.
Injuria propria non cadet beneficium facientis

No one shall profit by his own wrong.
Injuria propria non cadet in beneficium facientis.

One's own wrong shall not benefit the person doing it.
Injuria servi dominum pertinit

The master is liable for injury done by his servant.
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Injuria sine damnum & damnum obsque injuria

Injury without damage & a damage without wrongful act, ie, an actionable wrong not resulting in any legal damage.
Injustum est, nisi tota lege inspecta, de una aliqua ejus particula proposita judicare vel respondere
It is unjust to give judgment or advice concerning any particular clause of a law without having examined the whole
law.
Inquissima pax est anteponenda justissimo bello

The most unjust peace is to be preferred to the just war.
Insanus est qui, abjecta rationa, omnia cum impetu et furore facit
He is insane who, reason being thrown away, does everything with violence & rage.
Intentio cµca inservire debet legibus, non leges intentioni

Intentions ought to be subservient to the laws, not the laws to intentions.
Intentio cµca mala

A hidden intention is bad.
Intentio cµca mea imponit nomen operi meo

Intent gives a name to an act.
Intentio caeca, mala.

A hidden intention is bad.
Intentio inservire debet legibus, non leges intentioni.

Intentions ought to be subservient to the laws, not the laws to intentions.
Intentio mea imponit nomen operi meo.

My intent gives a name to my act.
Inter
Between; among; in.
Inter alia
Amongst other things.
Inter alias res gestµ aliis non posse prµjudicium facere sµpe constitutum est
It has been often settled that things which took place between other parties cannot prejudice.
inter amicos
between friends
Inter arma silent leges

In time of war, the laws are silent.
Inter se or Inter sese

Between or among themselves.
inter vivos
between living persons
Interdum venit ut exceptio quµ prima facie justa videtur tamen inique noceat
It sometimes happens that a plea which seems prima facie just, nevertheless is injurious & unequal.
Interesse termini
Name given to the inchoate right which the grant of a lease confers upon the lessee before entry.
Interest reipublicµ ne maleficia remaneant impunita

It concerns the commonwealth that crimes do not remain unpunished.
Interest reipublicµ ne sua quis male utatur

It concerns the commonwealth that no one misuse his property.
Interest reipublicµ quod homines conserventur

It concerns the commonwealth that men be preserved.
83
Interest reipublicµ res judicatas non rescindi

It concerns the commonwealth that things adjudged be not rescinded.
Interest reipublicµ suprema hominum testamenta rata haberi

It concerns the commonwealth that mens last wills be sustained.
Interest reipublicµ ut quilibet re sua beneutatur

It concerns the commonwealth that everyone use his property properly.
Interest reipublicµ ut sit finis litium

Interest of the State is that there should be limit to lawsuits.
Interest reipublicae ne maleficia remaneant impunita.

It concerns the commonwealth that crimes do not remain unpunished.
Interest reipublicae quod homines conserventur. Interest reipublicae ut qualibet re su bene utatur.
It concerns the commonwealth that we be preserved. it concerns the commonwealth that every one use his property
properly.
Interest reipublicae res judicatas non rescindi.

It concerns the common wealth that things adjudged be not rescinded.
Interest reipublicae suprema hominum testamenta rata haberi.

It concerns the commonwealth that men's last wills be sustained.
Interest reipublicae ut carceres sint in tuto.

It concerns the commonwealth that prisons be secure.
Interest reipublicae ut quilibet re sua bene utatur

It is in the interest of the State that every one use properly his own property.
Interest reipublicae ut sit finis litium.

In concerns the commonwealth that there be an end of law suits.
Interest reipublicase ut sit finis litium

It is in the interest of the State that there be an end to litigation.
Interim
Temporary, in the meanwhile.
Interim curator
A temporary guardian.
Interim dividend
Dividend that is paid on shares before declaring full dividend.
Interpretare et concordare leges legibus est optimus interpretandi modus

To interpret & reconcile laws so that they harmonize is the best mode of construction.
Interpretare et concordare leges legibus est optimus interpretandi modus.

To interpret and reconcile laws so that they harmonize is the best mode of construction
Interpretatio chartarum benigne facienda est ut res magis valeat quam pereat
Charters are to be interpreted liberally so as rather to validate than nullify the transactions.
Interpretatio fienda est ut res magis valeat quam pereat

Such a construction is to be made that the subject may have an effect rather than none.
Interpretatio fienda est ut res magis valeat quam pereat.

That construction is to be made so that the subject may have an effect rather than none.
Interpretatio talis in ambiguis semper fienda est, ut evitetur inconveniens et absurdum

In ambiguous things such a construction shd be made, that what is inconvenient & absurd may be avoided.
Interpretatio talis in ambiguis semper fienda, ut evitetur inconveniens et absurdum.

In ambiguous things, such a construction is to be made, that what is inconvenient and absurd is to be avoided
84
Interregnum
Internal.
Interruptio multiplex non tollit prµscriptionem semel obtentam

Repeated interruptions do not defeat prescription once obtained. Intestatus decedit, qui aut omnio testamentum non
facit aut non jure fecit, aut id quod fecerat ruptm irritumve factum est, aut memo ex eo hµres existii. He dies intestate
who either has made no will at all, or has not made it legally, or whose will has been annulled or become ineffectual, or
to whom there is no living heir.
Interruptio multiplex non tollit praescriptionem semel obtentam.

Repeated interruptions do not defeat a prescription once obtained.
Intra
Within; by, near.
Intra quatuor maria

Within the four seas.
Intra vires
Within the powers or authority.
Intrest reipublicµ ut pax in regno conservetur, et quµcunque paci adversentur provide declinentur
It benefits the State to preserve peace in the kingdom & prudently to decline whatever is adverse to it.
Inutilis labor, et sine fructu, non est effectus legis.

Useless labor and without fruit, is not the effect of law.
Inutilis labour, et sine fructu, non est effectus legis

Useless labour & without fruit is not the effect of law.
Inveniens libellum famosum et non corruppens punitur

He who finds a libel & does not destroy it, is punished.
Invitat culpam qui peccatum prµterit

He encourages a fault who overlooks a transgression.
Invito beneficium non datur

A benefit is not conferred on one who is unwilling to receive it; no one can be compelled to accept a benefit.
Invito beneficium non datur.

No one is obligedto accept a benefit against his consent.But if he does not siddent he will be considered as
assenting.
Invitus nemo rem cogitur defendere

Nobody is compelled against his will to defend his own.
Invocibus videndum non a quo sed ad quid sumatur

In discourses it is to be considered not from what, but to what, it is advanced.
Ipase leges cupiunt ut jure regantur

The laws themselves desire that they should be governed by right.
Ipsae legis cupiunt ut jure regantur.

The laws themselves require that they should be governed by right.
Ipse
Himself.
Ipse dixit
He said it himself; no other authority is needed.
Ipsissima verba
The very words of a speaker
Ipso facto
By that very fact.
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Ipso jure
By the law itself.
Ira furor brevis est

Anger is brief insanity.
Ira furor brevisest

Anger is a short insanity.
Ira hominis non implet justitium Dei

The wrath of a man does not fulfil the justice of God.
Is damnum dat qui jubet dare ejus vero nulla culpa est cui parere necesses est
He occasions a loss who gives orders to cause it; but no blame attaches to him who is under the necessity of
obeying.
Is qui dolo male desiit possidere pro possessore habetur

He who has fraudulently ceased to possess is still a possessor.
Is quid actionem hahet ad rem recuperandum ipsam rem habere videtur

He is regarded as having possession of the thing itself who hath an action to recover it.
Ita lex scripta esta

The law is so written.
Ita semper fiat relatiio ut valeat dispositio

Let the relation be so made that the disposition may stand.
Ita te deus adjuvet

So help you God.
Ita utere tuo ut alienum non lµdas

Use your property so as not to injure your neighbour.
Iter arma leges silent

In war the laws are silent.
Iter est jus eundi ambulandi hominis; non etiam jumentum agendi vel vehiculum
A way is the right of going or walking & does not include the right of driving a beast of burden or a carriage.
ius
right recognised by law (also jus)
ius ad rem
right to a thing (personal right) (jus ad rem)
ius in personam
personal right (also jus in personam)
ius in rem
right in a thing (real right) (also jus in rem)
ius naturale
natural justice (alsojus naturale)
ius quaesitum tertio

right acquired by a third party (in a contract between others) (also jus quaesitum tertio)
Judaism
The customs, religion or rites of the Jews.
Judex
The judicial power which examines the truth of the fact, the law arising upon it, & if an injury has been done, applies
the remedy.
86
Judex µquitatem semper spectare debet

A judge ought always to regard equity.
Judex a quo
A judge from whom there is an appeal.
Judex ad quem
A judge to whom an appeal is made.
Judex aeuitatem semper spectare debet.

A judge ough always to regard equity.
Judex ante occulos aequitatem semper habere debet.

A judge ought always to have equity before his eyes.
Judex ante oculos a equitatem semper habere debet

A judge ought always to have equity before his eyes.
Judex bonus nihil ex arbitrio suo faciat, nec propositione domesticµ voluntatis, sed juxta leges et jura
pronunciet
A good judge should do nothing of his own arbitrary will, nor on the dictate of his personal inclination but should
decide according to law & justice.
Judex bonus nihil ex arbitrio suo faciat, nec propositione domesticae voluntatis, sed juxta legis et
A good judge should do nothing from his own judgment, or from the dictates of his private wishes; but he should
pronounce according to law and justice.
Judex damnatur cum nocens absolvitur

The judge is condemned when a guilty person escapes punishment.
Judex damnatur cum nocens absolvitur.

The judge is condemned when the guilty are acquitted.
Judex de peace civium constituitur

A judge is appointed for the peace of the citizens.
Judex debet indicate secundum allegata at probata

The judge ought to decide according to the allegations & the proofs.
Judex debet judicare secundum allegata et probata.

The judge ought to decide according to the allegation and the proof.
Judex est lex loquens

A judge is the law speaking.
Judex est lex loquens.

The judge is the speaking law.
Judex habere debet duos sales; salem sapicutiae ne sit insipidus, et salem conscientiae, ne sit diabolus
A judge should have two salts, the salt of wisdom, lest he be insipid, & the salt of conscience, lest he be devilish.
Judex non potest esse testis in propria causa

A judge cannot be a witness to his own cause.
Judex non reddit plus quam quod patens ipse requirit

A judge cannot give more than the petitioner himself asks.
Judex non reddit plus quam quod petens ipse requirit

A judge does not give more than the plaintiff himself demands.
Judicandum est legibus, non exemplis

Judgment is to be given according to the laws, not according to examples.
Judicat virum magistratus

The magistrate shows the man.
87
Judices in curia regis non adnihilentur, sed stent in robore suo quousque per errorem aut attinctum ad
nullantur
Judgments in the kings courts are not to be annihilated but to remain in force, until annulled by an error or a taint.
Judices non tenetur exprimere causam sententiµ suµ

Judges are not bound to explain the reason of their sentence.
Judices recenter et subtiliter excogitatis minime favent contra communem legem

Judges by no means favour things raised subtlely against common law.
Judici officium suum excedenti non paretur.

To a judge who exceeds his office or jurisdiction no obedience is due.
Judici satis pµna est, quod deum habet ultorem

It is punishment enough for a judge that he has God as his avenger.
Judici satis paena est quod Deum habet ultorem.

It is punishment enough for a judge that he is responsible to God.
Judicia in deliberationibus crebro matures

cunt in accelerato processu nunquam: Judgments frequently become matured by deliberations, never by hurried
process or precipitation.
Judicia in deliberationibus crebro naturescunt, in accelerato processu nunquam.

Judgments frequently become matured by deliberation, never by hurried process
Judicia officium suum excedenti non paretur

To a judge exceeding his office there is no obedience.
Judicia posteriora sunt in lege fortiora

The later decisions are the stronger in law.
Judicia posteriora sunt in lege fortiora.

The latter decisions are stronger in law.
Judicia sunt tanquam juris dicta, et pro veritate accipiuntur.

Judgments are, as it were, the dicta or sayings of the law, and are received as truth.
Judicia sunt tanquam juris dicta; et pro veritate accipiuntur

Judgments are, as it were, the sayings of the law, & are received as truth.
Judiciis est in pronuntirndo sequi regulam, exceptione non probata

The judge in his decision ought to follow the rule, when the exception is not proved.
Judiciis est judicare secundum allegata et probata

It is the duty of a judge to determine according to what is alleged & proved.
Judiciis est jus dicere, non dare

It is the province of a judge to declare the law, not to give it.
Judiciis officium est opus diei in die suo perficere

It is the duty of a judge to finish the work of each day within that day.
Judiciis officium est ut res ita tempore rerum quarere

It is the duty of a judge to inquire into the time of things as well as into things themselves.
Judiciis posterioribus fides est adhibenda

Credit is to be given to the later decisions.
Judiciis posterioribus fides est adhibenda.

Faith or credit is to be given to the last decisions.
Judicis est in pronuntiando sequi regulam, exceptione non probat .

The judge in his decision ought to follow the rule, when the exception is not made apparent.
Judicium
Judgment. A proceeding before a judex or judge, a court or judicial tribunal.
88
Judicium a non suo judice datum nullium est momenti

A judgment given by one who is not the proper judge is of no force.
Judicium capitale
Judgment of death; capital judgment.
Judicium Dei
The judgment of God, applied to the ordeals by fire & water.
Judicium est iis quµ pro religione faciant faveri etsi verba desint
It is right to favour those things which make for religion though words be wanting.
Judicium est juris dictum, et per judicium jus est novitur revelatum quod due tuit velatum
Adjudication is that utterance of the law, & by it the law which was for long time hidden is newly revealed.
Judicium est quasi juris dictum

Judgment is as it were a saying of the law.
Judicium non debet esse illusorium, suum effectum habere debet.

A judgment ought not to be illusory, it ought to have its consequence.
Judicium non debet esse illusorium; suum effectum habere debet

A judgment ought not to be illusory; it ought to have its proper effect.
Judicium non suo judice datum nullius est momenti.

A judgment given by an improper judge is of no moment.
Judicium parium
Judgment of ones peers; trial by jury.
Judicium redditur in invitum

Judgment is given against one, whether he will or not.
Judicium redditur in invitum, in praesumptione legis.

In presumption of law, a judgment is given against inclination.
Judicium semper pro veritate accipitur

A judgment is always accepted as true.
Judicium semper pro veritate accipitur.

A judgment is always taken for truth.
Juduces non tenentur exprimere causam sententiae suae

Judges are not bound to explain the reason of their judgment.
Jura debet esse omni exceptione major

Laws should be greater than any exception.
Jura ecclesiastica limitata sunt infra limites separator

Ecclesiastical laws are limited within separate bounds.
Jura eodem modo destruuntur quo construuntur

Laws are abrogated by the same means as those by which they are made.
Jura eodem modo distruuntur quo constituuntur.

Laws are abrogated or repealed by the same means by which they are made.
Jura ficalia
Fiscal rights: rights of the exchequer.
Jura in personam
Rights primarily available against specific persons.
Jura in rem
Rights which are available against the world at large.
89
Jura mixti dominii

Rights of mixed dominion.
Jura narum
Rights of persons.
Jura naturµ sunt immutabilia

The laws of nature are unchangeable.
Jura naturae sunt immutabilia.

The laws of nature are unchangeable.
Jura publica
Public rights.
Jura publica anteferenda privatis juribus

Public rights are to be preferred to private rights.
Jura publica ex privato promiscue decidi non debent

Public rights ought not to be promiscuously determined in analogy to a private right.
Jura regia
Royal rights; prerogatives of the crown.
Jura regis specialia non conceduntur per generalia verba

The special rights of the king are not granted by general words.
Jura rerum
Rights of things.
Jura sanguinis nullo jure civili dirimi possunt

Rights of blood cannot be destroyed by the provision of the civil law.
Jura sanguinis nullo jure civili dirimi possunt.

The right of blood and kindred cannot be destroyed by any civil law.
Jura summi imperii

Right of supreme dominion; rights of sovereignty.
Juramentum est indivisibile, et non est admittendum in parte verum et in parte falsam.
An oath is indivisible, it cannot be in part true and in part false.
Juramentum est indivisible; et non est admittendum in parte verum et in parte falsum
An oath is indivisible; it is not to be held partly true & partly false.
Jurat
A term which means that the affiant swore before the officer taking the affidavit; a certificate of the officer who
administered the oath that the affiant had subscribed & sworn before him; that part of an affidavit where the officer
certifies that it was sworn before him.
Jurato creditur in judicio

He who makes oath is to be believed in judgment.
Jurato creditur in judicio.

He who makes oath is to be believed in judgment.
Juratores debent esse vicini, sufficientes, et minus suspecti

Jurors ought to be owners of sufficient estate, & free from suspicion.
Juratores sunt judices facti.

Juries are the judges of the facts.
Jurators sunt judices facti

Juries are the judges of fact.
Jure
Law, right.
90
Jure µquum est neminem cum alterius detrimento et injuria fieri locupletiorem
According to the law of nature it is just that no man should be made richer by the loss & injury of another.
Jure belli
By the right/ law of war.
Jure civili
By the civil law.
Jure divino
By divine right.
Jure ecclesiµ
By right of church.
Jure emphyteutico
By the right/law of emphyteusis.
Jure gentium
By the law of nations.
Jure naturµ
By or according to the law of nature.
Jure naturµ µquum est neminem cum alterius detrimento et injuria fieri locupletiorem
By the law of nature it is not just that any one should be enriched by the detriment or injury of another.
Jure propinquitatis
By right of propinquity or nearness.
Jure representationis
By right of representation.
Jure uxoris
In right of a wife.
Juri de alterius detrahendum potius quam suum cuique incommodum ferendum est
Rather let every man bear his own grievance than abridge the rights of another.
Juri non est consonum quod aliquis accessorius in curia regis convincatur antequam aliquis de facto fuerit
attinctus
It is not consonant to justice, that any accessory should be convicted in the Kings court before any one has been
attainted to the fact.
Juri sanguinis nunquam prµscribitur

No prescription runs against a right by blood.
Juris
Of law/right.
Juris consult/consultus
One who is consulted on matters of law.
Juris effectus in executione consistit

The effect of the law consists in the execution.
Juris effectus in executione consistit.

The effect of a law consists in the execution.
Juris et de jure
Of law & from law; a term applied to conclusive presumptions.
Juris ignorantia est cum jus nostrum ignoramus

It is ignorance of the law when we do not know our own rights.
Juris positivi
Of positive law.
91
Juris prµcepta sunt hµc

honeste vivere alteram non lµdere suum cuique tribuere: These are the precepts of the law: To live honourably; to
render to everyone his due.
Juris privati
Of private right; subjects of private property.
Juris publici
Of common right; of common or public use as common highways, common bridges, etc.
Juris quidem ignorantiam cuique nocere, facti verum ignorantiam non nocere
Ignorance of fact prejudices no one, ignorance of law does.
Jurisdictio
Jurisdiction.
Jurisdiction de droit objectif

Judicial function primarily aims at preserving legal order by confining the legislative & executive organs of govt. within
their powers in the interest of public.
Jurisdiction de droit subjectif

Judicial function mainly directed towards the protection of private individuals by preventing illegal encroachments on
their individual rights.
Jurisdicto est potestas de publico introducta, cum necessitate juris dicendi

Jurisdiction is a power introduced for the public good on account of the necessity of dispensing justice.
Jurisprudentia est divinarum atque humanarum rerum notitia justi atque injusti scientia
Jurisprudence is the knowledge of things divine & human, the science of what is right & what is wrong.
Jurisprudentia legis communis Angliµ est scientia socialis et copiosa

Jurisprudence of the common law of England is a scienceùsocial & comprehensive.
Jus
A right that is recognised in law.
Jus accrescendi
Right of survivorship, a principal incident of an estate held by several jointly.[ Manorama v Ramabai 1957 Mad 269-
82 DB]
Jus accrescendi inter mercatores locum non habet, pro beneficio commercii.
The right of survivorship does not exist among merchants for the benefit of commerce
Jus accrescendi inter mercatores, locum non habet, pro beneficio commercieo
The right of survivorship has no place between merchants for the benefit of commerce.
Jus accrescendi prµefertur ultimµ voluntati

Right of survivorship is preferred to the last will.
Jus accrescendi prµfertur oneriubs

Right of survivorship is preferred to incumbrances.
Jus accrescendi praefertur oneribus.

The right of survivorship is preferred to incumbrances.
Jus accrescendi praefertur ultimae voluntati.

The right of survivorship is preferred to a last will.
Jus acquam ducendi

The right of leading water (over anothers land).
jus ad rem
right to a thing (personal right) (ius ad rem)
Jus ad rem; jus in re

A right to a thing; a right in a thing.
92
Jus banci
The right of bench; the right or privilege of having an elevated & separate seat of judgment, anciently allowed only to
the kings judges.
Jus belli
The law of war.
Jus civile
Civil law.
Jus civile est quod quisque sibi populus constituit

Civil law is what people establish.
Jus civitalis
Right of citizenship.
Jus commune
The common law/right.
Jus constitui oportet in his quµ ut plurimum accidunt, non quµ ex inopinato
Laws ought to be made with a view to those cases which happen most frequently & not to those which are of rare or
accidental occurrence.
Jus coronµ
Right of the crown; right of succession to the crown.
Jus cudendµ monetµ

The right of coining money.
Jus curialitatis
The right of courtesy.
Jus dare
To give/make law.
Jus deliberandi
The right of deliberating.
Jus descendit et non terra

A right descends, not the land.
Jus descendit et non terra.

A right descends, not the land.
Jus dicere
To pronounce the judgment; to give the legal decision.
Jus dicere at non jus dare

To declare the law, but not to make it.
Jus dicere, non jus dare

To declare the law, not to make the law
Jus disponendi
The right of disposing.
Jus duplicatum
A double right; the right of possession united with the right of property.
Jus eminens
The supreme power (of the State over its members & whatever belongs to them).
Jus est ars boni et µqui

Law is the science of what is good & just.
Jus est ars boni et aequi.

Law is the science of what is good and evil.
93
Jus est norma recit

et quicquid est contra normam recti est injuria: Law is a rule of right, & whatever is contrary to the rule of right is an
injury.
Jus est norma recti; et quicquid est contra normam recti est injuria
The law is a rule of right; and whatever is contrary to a rule of right is an injury.
Jus et fraudem numquam cohabitant.

Right and fraud never go together.
Jus et fraus nunquam cohabitant

Right & fraud never dwell together.
Jus ex injuria non oritur.

A right cannot arise from a wrong.
Jus ex injuria non oriundus

A right does not arise out of a wrong.
Jus falcandi
Right of mowing/cutting.
Jus feciale
Law of arms.
Jus fiduciarium
Right in trust.
Jus fluminum
Right to the use of rivers.
Jus fodiendi
Right of digging on the land of another.
Jus galdii
Right of the sword; the right, power or prerogative of punishing for crime.
Jus gentium
The law of nations. The law by which kingdoms & societies in general are governed.
Jus geranii
Right of the crane; the right of unloading goods from vessel by means of a crane.
Jus hauriendi
Right of drawing water.
jus in personam
personal right (also ius in personam)
Jus in re
A right in a thing; a complete as distinguished from an imperfect right.
Jus in re aliena
A right of a person in the property of others. It consists of Lease, Servitude, Security & Trust.
Jus in re inhµrit ossibus usufructuarii

A right in the thing cleaves to the person of the usufructuary.
Jus in re propria
A right of a person in his own property.
jus in rem
right in a thing (real right) (also ius in rem)
Jus individuum
An individual or indivisible right.
94
Jus intere mercatores pro beneficio commercii, locum non habet

Right of survivorship has no place between merchants for the benefit of commerce.
Jus legitimum
A legal right.
Jus mariti
The right of a husband.
Jus merum
Mere/bare right.
Jus naturµ
The law of nature.
Jus naturµ propria est dictamen reclµration is quo scimus quid turpe quid honestum quid faciendum quid
fugiendum
The law of nature is properly the dictate of right reason by which we know what is dishonourable & what is
honourable; what should be done & what should be avoided.
Jus naturale
Natural justice.
Jus naturale est quod apud omnes homines eandem habet potentiam
Natural right is that which has the same force among all men.
Jus navigandi
Right of navigation.
Jus necis
The right of death or of putting to death; a right which a father anciently had over his children.
Jus non habenti tute non paretur

One who has no right cannot be obeyed.
Jus non patitur ut idem bis solvatur

Law does not suffer that the same things be twice paid.
Jus non scriptum

The unwritten law (declared by the tacit consent & customs of the people).
Jus novum
The new rule.
Jus pascendi
Right of pasturing cattle.
Jus patronatus
Right of patronage; right of presenting a clerk to a benefice.
Jus piscandi
Right of fishing.
Jus portus
Right of port/harbour.
Jus possessionis
Right of possession or seisin.
Jus postiliminii
Right of postliminy; right of a person to be restored to the possession of a thing or to a former condition considered
as though never deprived of it.
Jus prµfetar oneribus

Right of survivorship is preferred to incumbrances.
Jus prµfetar ultimµ voluntati

Right of survivorship is preferred to the last will.
95
Jus prµsens
A present or vested right; a right completely acquired.
Jus prµtorium
Discretion of the praetor as distinct from the leges or standing laws.
Jus precarium
A right in courtsey for which the remedy was only by entreaty, or request, for which there was no remedy at all; an
indefinite or uncertain right the existence of which can be determined only when put to the test; a precarious right.
Jus privatum
The private/civil/municipal law.
Jus proprietatis
Right of property as distinguished from the right of possession.
Jus prosequendi in judicio quod alicui debetur

The right of proceeding to judgment for what is due to any one.
Jus publicum
Public law.
Jus publicum et privatum est quod ex naturalibus prµceptis, aut gentium aut civilibus est collectum et quod in
jure scripto jus appellatur, id in lege µngliµ rectum esse dicitur
Public & private law is that which is collected from natural principles, either of nations or in states & that which in the
civil law is called jus in the law of England is said to be right.
Jus publicum privatorum pactis mutari non potest

A public right cannot be altered by the agreement of private persons.
Jus publicum privatorum pactis mutari non potest.

A public right cannot be changed by private agreement.
Jus quo universitates utuntur est idem quod habent privati

The law which governs corporations is the same which governs individuals.
Jus relictµ
The right of a widow in her deceased husbands property.
Jus respicit µquitatem

The law regards equity.
Jus respicit aequitatem.

Law regards equity.
Jus scriptum
Written or statute law, called lex scripta as distinguished from the common law or lex non scripta.
Jus scriptum aut non scriptum

The written law or the unwritten law.
Jus secandi
Right of cutting.
Jus singulare
A peculiar or anomalous rule, differing from the jus commune or common rule or right.
Jus soli
The principle that nationality by birth is determined by the territory where the birth takes place.
Jus strictum
Strict law.
Jus summum sµpe summa est malitia

Law strictly enforced sometimes becomes the severest injustice. Strict law is often the greatest mischief; or right too
rigid hardens into wrong.
96
Jus superveniens auctori accrescit successori

A right growing to the possessor accrues to the successor.
Jus superveniens auctori accressit successors.

A right geowing to a possessor accrues to a successor.
Jus tertii
The right or interest of a third person; when a person is sued in respect of certain property he may sometimes set up
as a defence that the title to such property is not in the plaintiff but in some third person.
Jus tripertitum
The composition of Jus civile, Jus gentium & Jus naturale.
Jus venandi
A right of hunting on anothers land.
Jus vendit quod usus approbavit

Law dispenses with what use has approved.
Jus vetus
The old rule.
Jusjurandum inter alios factum nec nocere nec prodesse debet

An oath made between third parties ought neither to hurt nor profit.
Justa causa
Lawful ground often used as synonymous with reasonable cause.
Justicia est virtus excellens et Altissimo complacens.

Justice is an excellent virtue and pleasing to the Most high.
Justitia
Statute law; ordinance.
Justitia debet esse libera, quia nihil iniquius venali justitia; plena, quia justitia non debet claudicare; et ceteris
quia dilatio est quµdam negatio
Justice ought to be free, because nothing is more iniquitous than venal, justice; full, because justice ought not to halt;
& speedy because delay is a kind of denial.
Justitia est constans et perpetua voluntas just suum cuique tribuendi

Justice is the constant & perpetual disposition, or will of giving to every man his right.
Justitia est duplec; severe puniens et vere praeveniens

Justice is two-fold; severely punishing and in reality prohibiting (offences).
Justitia est duplex; severe puniens, et vere prµvenniens

Justice is twofold; severely punishing & really or efficiently preventing.
Justitia est virtus excelleus et Altissimo complaceus

Justice is an excellent virtue & pleasing to the highest.
Justitia firmatur solium

The throne is established by justice.
Justitia nemini neganda est

Justice is to be denied to no one
Justitia non est neganda, non differenda

Justice is not to be denied or delayed.
Justitia non est neganda, non differenda.

Justice is not to be denied nor delayed.
Justitia non novit patrem nec matrem, solum veritatem spectat justitia.
Justice knows neither father nor mother, justice looks to truth alone.
Justitia non novit patrem nec matrem; solam veritatem spectat justitia
Justice knows not father nor mother; justice looks at truth alone.
97
Justitia prepondrous
Speedy justice.
Justum non est aliquem antenatum mortuum facere bastardum, qui pro tota vita sua pro legitimo haabetur
It is not just to make a bastard after his death one, elder born who all his life has been accounted legitimate.
Jut
To project.
Juxta
According to, near.
Juxta conventionem
According to the covenant.
Juxta formam statuti

According to the form of the statute.
Juxta ratam
According to the rate.
Juxta tenorem sequentem

According to the tenor following.
La conscience est la plus changeante des regles
Conscience is the most changeable of rules.
La conscience est la plus changeante des regles.

Conscience is the most changeable of rules.
La lay favour Iinheritance dun home

Law favours a mans inheritance.
La ley favour la vie dun home

Law favours a mans life.
La ley voit plus tost suffer un mischiefe que un inconvenience

Law will sooner suffer a mischief than an inconvenience.
labes realis
an inherent taint or defect in a title to property (also known as vitium reale)
Lata culpa dolo aequiparatur.

Gross negligence is equal to fraud.
Le contrat fait la loi.

The contract makes the law.
Le salut du peuple est la supreme loi

Safety of the people is the highest law.
Legatos violare contra jus gentium est

It is contrary to the law of nations to injure ambassadors.
Legatos violare contra jus gentium est.

It is contrary to the law of nations to violate the rights of ambassadors.
Legatum morte testatoris tantum confirmatur, sicut donatio inter vivos traditione sol .
A legacy is confirmed by the death of the testator, in the same manner as a gift from a living person is by
delivery alone
Legatum morte testatoris tantum confirmatur, sicut donatio inter vivos traditione sola
A legacy is confirmed by the death of a testator in the same manner as a gift from a living person is by
delivery alone.
Legatus
A legatee; an ambassador or envoy.
98
Legatus regis vice fungitur a quo destinatur et honorandus est sicut ille cujus vicem gerit
An ambassador fills the place of the king by whom he is sent & is to be honoured as he whose place he fills.
Lege totum si vos scire totum

Read all, if you woould know all.
Legem
In old English law.
Legem amittere
To lose the law or privilege of being admitted to oath.
Legem enim contractus dat

The contract makes the law.
Legem facere
To make oath.
Legem habere
To have law; to be capable of giving evidence on oath.
Legem terrµ amittentes perpetuam infamlµ notam inde merito incurrrunt

Those who lose the law of the land, justly incur the ineffaceable brand of infamy.
Legem vadiare
To wage law.
Leges
Laws.
Leges ¦ngliµ
Laws of England.
Leges ¦ngliµ sunt tripartitae-jus commune, consuetudines ac decreta comitiorum

Laws of England are threefold: common law, customs & decrees of Parliament.
Leges communes si nescit foemina, miles

If a woman is ignorant of the laws, her husband is presumed to know them & to instruct her.
Leges figendi et refigendi consuetudo periculosissima est

Practice of fixing & refixing the laws is a most dangerous one.
Leges humanae nascuntur, vivunt et moriuntur.

Human laws are born, live and die.
Leges humane nascuntur vivunt, et moriuntur

Human laws are born, live & die.
Leges naturµ perfectissimµ sunt et immutabiles

Laws of nature are perfect & immutable.
Leges non scriptµ

Leges non scriptµ. Unwritten laws; customary laws.
Leges non verbis sed rebus sunt impositµ

Laws are imposed not on words but on things.
Leges non verbis sed regus sunt impositae.

Laws, not words, are imposed on things.
Leges posteriores priores contrarias abrogant

Later laws repeal earlier laws inconsistent therewith.
Leges posteriores priores contrarias abrogant.

Subsequent laws repeal those before enacted to the contrary.
99
Leges quµ retrospiciunt raro, et magna cum cautione sunt auhibendµ; neque enim janus locaretur in legibus
Laws which are retrospective are rare, & to be received with great caution for Janus should have no
situation among the laws.
Leges Romanµ
The Roman laws.
Leges scriptµ
Written laws; Statute laws.
Leges sub graviori lege

Laws under weightier law.
Leges suum ligent latorem

Laws should bind their own maker.
Leges suum vigilantibus non dormientibus subveniunt

Laws aid the vigilant, not the negligent.
Legi fidei rationi consone

True to, consonant with & conforming to the provisions of Law:[ Newspapers Ltd. v. St. Indl Tribunal 1957
SC 532].
Legibus sumptis desinentibus legibus naturae utendum est

When laws imposed by the State fail, we must use the laws of nature.
Legibus sumptis desinentibus, lege naturµ utendum est

When laws imposed by the State fail, we must act by the law of nature.
Legibus sumptis disinentibus, lege naturae utendum est.

When laws imposed by the state fail, we must act by the law of nature.
Legis constructio non facit injuriam

The construction of law does no wrong.
Legis constructio non facit injuriam.

The construction of law does no wrong.
Legis figendi et refigendi consuetudo periculosissima est.

The custom of fixing and refixing (making and annulling) laws is most dangerous.
Legis interpretatio legis vim obtinet

Interpretation of law obtains force of law.
Legis interpretatio legis vim obtinet.

Teh construction of law obtains the force of law.
Legis minister non tenetur in executione officii, sui fugere aut retrocedere
The minister of law is bound in the execution of his office, not to fly, nor to retreat.
Legis minister non tenetur, in executione officii sui fugere aut retrocedere.
The minister of the law is not bound, in the execution of his office, neither to fly nor retreat.
Legis virtus haµ est; imperare, vetare, permittere, punire

The virtue of the law is to command, forbid, permit & punish.
Legislatorum est viva vox rebus et non verbis legem imponere

The voice of legislators is a living voice, to impose laws on things & not on words.
Legislatorum est viva vox, rebus et non verbis, legem imponere.

The voice of legislators is a living voice, to impose laws on things and not on words.
Legitima potestas
Lawful power.
Legitimatio
Legitimacy; lawful birth.
100
Legitime imperanti parere necesse est.

One who commands lawfully must be obeyed.
Legum omnes servi sumus ut liberi esse possumus

We are slaves to the law, in order that we may become free.
leonina societa
a partnership in which one of the partners take all the gains, whereas the other bears all the losses
Les fictions naissent de la loi, et non la loi des fictions.

Fictions arise from the law, and not law from fictions.
lex
law (often written law)
Lex µquitate gaudet, appetit perfectum est normarecti

Law delights in equity, it covets perfection, it is a rule of right.
Lex a rege non est violenda

The King cannot violate the law.
Lex aequitate guadet; appetit perfectum; est norma recti.

The law delights in equity; it covets perfection; it is a rule of right.
Lex agraria
The agrarian law.
Lex aliquando sequitur aequitatem.

The law sometimes follows equity.
Lex aliquendo sequitur µquitatem

Law sometimes follows equity.
Lex Angliµ
The law of Englandùone of the names of common law.
Lex Angliµ est lex misericordiµ

The law of England is a law of mercy.
Lex Angliµ lex terra est

The law of England is the law of the land.
Lex Angliµ non patitur absurdum

The law of England does not suffer an absurdity.
Lex Angliµ nunquam matris sed semper patris conditionem imitari partum judicat
The law of England rules that the offspring shall always follow the condition of the father, never that of the
mother.
Lex Angliµ nunquam sine parliamento mutari non potest

The law of England cannot be changed but by Parliament.
Lex apparens
Apparent or manifest law.
Lex beneficialis rei consimili remedium prµstat

A beneficial law affords remedy for a similar case.
Lex beneficialis rei consimili remedium praestat.

A beneficial law affords a remedy in a similar case.
Lex Brehonia
The Brehon law of Ireland.
Lex certo esto; poena certa et crimini ideonea et legibus prµfinita

Let the law be certain, & let the punishment be certain, adequate to the crime & previously determined by the
laws.
101
Lex citium tolerare vult privatum damnum quam publicum malum

Law will more readily tolerate a private loss than a public evil.
Lex citius tolerare vult privatum damnum quam publicum malum.

The law would rather tolerate a private wrong than a public evil.
Lex comitatus
Law of the country; law administered in the country court.
Lex communis
The common law.
Lex contra id quod prµsumit, probationem non receipit

Law admits no proof against that which it presumes.
Lex dabit remedium

The law will give a remedy
Lex de futuro, judex de prµterito

Law provides for the future, judge for the past.
Lex de futuro, judex de praeterito.

The law provides for the future, the judge for the past.
Lex deficere non potest in justiti exhibenda .

The law ought not to fail in dispensing justice.
Lex deficere non potest in justitia exhibenda

Law cannot be defective in dispensing justice.
Lex delationers semper exhorret

Law always abhors delays.
Lex dilationes abhorret

The law abhors delays.
Lex dilationes semper exhorret.

The law always abhors delay.
Lex domicilli
Law of domicile.
Lex est ab aeterno

Law is from eternity.
Lex est ab aeterno.

The law is from everlasting.
Lex est anima regis, et rex est anima legis

Law is the soul of the king &the king is the soul of the law.
Lex est dictamen rationis

Law is the dictate of reason.
Lex est dictamen rationis.

Law is the dictate of reason.
Lex est exercitus judicium tutissimus ductor

Law is the safest leader of the army of judges.
Lex est judicum tutissimus ductor

The law is the safest guide for judges
Lex est linea recti

Law is a straight line.
102
Lex est norma recti

Law is a rule of right.
Lex est norma recti.

Law is a rule of right.
Lex est ratio summa, quµ jubet quµ sunt utilia et necessaria et contraria prohibet
Law is the perfection of reason which commands what is useful & necessary, & forbids the contrary.
Lex est ratio summa, quae jubet quae sunt utilia et necessaria, et contraria prohibet.
Law is the perfection of reason, which commands what is useful and necessary and forbids the contrary
Lex est sanctio sancta jubens honesta et prohibens contraria

The law is a sacred sanction, commanding what is right and prohibiting the contrary.
Lex est sanctio sancta, jubens honesta et prohibens contraria

Law is a sacred sanction commanding what is right & prohibiting the contrary.
Lex est tutissima cassis sub clypeo legis nemo decipitur

Law is the safest helmet; under the shield of the law no one is deceived.
Lex facit regem

Law makes the king.
Lex favet doti

Law favours dower.
Lex finget ubi subsistit aequitas

Law feigns where equity exists.
Lex fori
Law of the forum of court.
Lex gothica
Gothic law.
Lex hµreditates liberas esse vult non in perpetum astricitis

Law wishes inheritance to be free to those who are not strictly bound.
Lex imperatoria
The Imperial or Roman law.
Lex indendit vicinum vicini facta scire

The law presumes that one neighbor knows the acts of another.
Lex injusta non est lex

An unjust law is not a law.
Lex intendit vicinum vicini facta scire

Law intends that one neighbour knows what another does.
Lex judicat de rebus necessario faciendis, quasi re ipsa factis

Law judges of things that must necessarily be done as if they were in fact done.
Lex loci
Law of the place.
Lex loci actus

Law of the place where a legal act takes place, eg, where a will is made.
Lex loci celebrationis

Law of the place where marriage is celebrated.
lex loci contractus

the law of a place where a contract was made; according to private international law it is the proper law by
which to resolve disputes about a contract
103
Lex loci delicti delictus

Law of the place where the crime took place.
Lex loci rei sitµ

Law of the place where a thing is situated.
Lex loci solutionis

Law of the place of solution.
Lex manifesta
Manifest law.
Lex mercatoria
Law merchant is a body of legal principles founded on the customs of merchants in their dealings with each
other, & though at first distinct from the common law, afterwards becomes incorporated into it.
Lex mercatoria est lex terrµ

Mercantile law is the law of the land.
Lex necessitatis est lex temporis i.e. instantis

The law of necessity is the law of time, that is time present.
Lex necessitatis est lex temporis/instantis

Law of necessity is the law of the time, ie, of the instant or present moment.
Lex neminem cogit ad vana seu impossiblia

The law compels no one to do vain or impossible things.
Lex neminem cogit ad vana seu inutilia peragenda

Law will not force any one to do a thing vain & fruitless.
Lex neminem cogit ostendere quod nescire prµsumitur

Law compels no one to show that which he is presumed not to know.
Lex nemini facit injurium

Law does injury to no one.
Lex nemini operatur iniquum

Law works injustice to no one.
Lex nil frustra facit

The law does nothing in vain.
Lex nil frustra jubet

Law commands nothing vainly.
Lex non a rege est violanda

The law must not be violated even by the King.
Lex non cogit ad impossibilia

Law does not compel the doing of impossibilities.
Lex non consilia nuda, sed actus apertos respicit

Law regards not mere intentions, but open acts.
Lex non curat de minimis

Law does not regard small matters.
Lex non debet deficere conquerentibus in justitia exhibenda

Law wills that in every case where a man is wronged he shall have remedy.
Lex non deficere potest in justitia exhibenda

The law cannot fail in dispensing justice.
Lex non deficit in justitia exhibenda

Law does not fail in showing justice.
104
Lex non exacte definit, sed arbitrio boni viri permittit

Law does not define exactly but trusts in the judgment of a good man.
Lex non favet delicatorum votis

The law does not favor the wishes of the dainty.
Lex non favet votis delicatorum

Law pays little attention to mere fastidiousness. Law favours not the wishes of the dainty.
Lex non intendit ad impossibilia

Law does not intend anything impossible.
Lex non novit patrem, nec matrem; solam veritatem

The law does not know neither father nor mother, only the truth.
Lex non oritur ex injuria

The law does not arise from a mere injury
Lex non patitur fractiones et divisiones statutorum

Law does not suffer fractions & divisions of estates.
Lex non prµcipit inutilia, quia inutilis labour etultus

Law does not command useless things, for useless labour is folly.
Lex non requirit verificari quod apparet curiµ

Law does not require that to be verified or proved which is apparent to the Court.
Lex non requirit verificari quod apparet curiae

The law does not require that to be proved which is apparent to the Court.
Lex non scripta

Unwritten law, comprising those principles, usages & rules of conduct applicable to the govt. & security of
person & property which do not depend upon any existing express & positive declaration of the will of the
legislature. It comprises & mainly consists of customs whether general or particular, & is often called the
customary law.
Lex nostra neminem absentem damnat

Law condemns no one in his absence.
Lex orbis, insanis et pauperibus pro tutore atque parente est

Law is the guardian & father of orphans, the insane, & the poor.
Lex plus laudatur quando ratione probatur

The law is the more praised when it is supported by reason.
Lex posterior derogat priori

A later statute takes away the effect of a prior one.
Lex prospicit not respicit

The law looks forwared, not backward
Lex prospicit, non respicit

Law prescribes a rule for the future, not for the past.
Lex punit mendaciam

The law punishes falsehood.
Lex punit mendacium

Law punishes falsehood.
Lex pure poenalis, obligat tantum ad Poe-Ronam, non item ad culpam; lex poenalis mixta, et ad culpam obligat,
et ad poenam
Law, merely penal, binds only as to penalty, not as to fault; the mixed penal law binds both fault & penalty.
Lex regia
The royal law.
105
Lex rei sitµ

Law of the place of situation of things.
Lex rejicit superflua, pugnantia, incongrua

Law rejects superfluous & contradictory things.
Lex rejicit superflua, pugnatia, incongrua

The law rejects superfluous, contradictory and incongruous things.
Lex reprobat moram

Law reprobates delay.
Lex respicit µquitatem

Law pays regard to equity.
Lex scripta
Written law; the statute law of the land.
Lex scripta si cesset, id custodiri oportet quod moribus et consuetudine inductum est; et, si qua in re hoc
defecerit, tunc I quod proximum et consequens ei est; ei id non appareat, tunc jus quo urbs romana utitur
servari oportet
If the written law be silent, that which is drawn from manners & custom ought to be observed; &, if that is in
any manner defective then that which is next & analogous to it; &, if that does not appear, then the law which
Rome uses should be followed.
Lex semper debit remedium

Law will always give a remedy.
Lex semper intendit quod convenit rationi

Law always intends what is agreeable to reason.
Lex situs
Law of the country where property is situated: [Harbhajan Singh v. UOI 1987 SC 9-11.]
Lex spectat ad proximam non ad remotam causa

Law looks to the proximate, not to the remote cause.
Lex spectat naturµ ordinem

Law regards the order & course of nature.
Lex spectat naturae ordinem

The law regards the order of nature.
Lex succurrit ignoranti

The law succors the ignorant.
Lex succurrit minoribus

Law assists the minors.
Lex talionis
Law of retaliation, as, an eye for an eye, a tooth for a tooth.
Lex terrµ
Law of the land.
Lex tutissima cassis, sub clypeo legis nemo decipitur

Law is the safest helmet; under the shield of the law no one is deceived.
Lex uno ore omnes alloquitur

The law speaks to all through one mouth.
Lex vigilantibus, non dormientibus, subvenit

Law assists the wakeful not the sleeping.
Liberata pecunia non liberat offerentem

Maney being restored does not set free the party offering.
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Libertas est naturalis facultas ejus quod cuique facere libet, nisi quod de jure aut vi proh.betur
Liberty is that natural faculty which permits everyone to do anything he pleases except that which is
restrained by law or force.
Libertas est re inestimabilis

Liberty is an inestimable thing.
Liberum corpus nullam receipt µstlmationem

The body/life of a freeman does not admit of valuation.
Liberum est cuique apud se explorare an expediat sibi consilium

It is free for everyone to weigh the matter in his own mind, or to have resort to counsel.
Liceat eos exhµredare quos occidere licebat

It may be lawful to disinherit those whom it is lawful to deprive of life.
Licentia
Licence, liberty, permisssion.
Licentia loquendi
Leave to speak.
Licentiate
Holder of certificate of competence from authority.
Licentious
The doing of what one pleases without regard to the rights of others.
Licet dispositio de interesse futuro sit inutilis, tamen potest fieri declaratio prµcedens quµ sortiatur effectum,
interveniente novo actu
Although the grant of a future interest is inoperative, yet it may become a declaration precedent, taking
effect upon the intervention of some new act.
Licita bene miscentur, formula nisi juris obstet

Lawful acts (done by several authorities) are well mingled (become united or consolidated into one good
act), unless some form of law forbids.
Licitator
A bidder at a sale.
Licitum
Lawful.
Licum
Place
Ligeantia est quasi legis essentia; est vinculum fidei

Allegiance is, as it were, the essence of law; it is the chain of faith.
Ligeantia naturalis nullis claustris coercetur nullis metis refrµnatur nullis finibus premitur
Natural allegiance is restrained by no barriers, reined by no bounds, compressed by no limits.
Ligna et lapidcs sub armorum appeelatoine non continentur

Sticks & stones are not contained under the name of arms.
Linea recta est index sui et obliqui lex est linea recti
A right line is a test of itself & of an oblique.
Linea recta semper prµferture transversali

The right line is always preferred to the collateral.
Lingua
Tongue, speech.
Lis
Suit.
107
Lis pendens = Pendente Lite

During the pendency of the suit.
Litem
Law.
Literµ mortuµ
Dead letters.
Literµ patentes non erunt vacuµ

Letters patent of the king shall not be void.
Literµ procuratoriµ
Letters procuratory; letters of procuration; letters of attorney.
Literµ recognitionis
A bill of lading.
Literµ regis non erunt vacuµ

The kings letters shall not be void.
Literµ scripta nianel, vox emissa vulat

Written things are lasting; spoken things speed away.
Literµ sigillatµ
Sealed letter, applied to the return of a sheriff.
Literµ; patentes
Letters patent, open letters.
Litera
A letter, the letter, as distinguished from the meaning of a writing.
Litera acquietantiµ
A letter of acquittance.
Litera cambil
A letter of exchange.
Litera legis
Literal construction of law.
Litigium
Litigation.
Litigosa ignorantia juris est potius quam scientia

Ignorance of the law rather than familiarity with it, is the most frequent cause of law suits.
Litis
Of a suit.
Litis contestation
Contestation of suit.
Litis nomen omnem actionem significat, sive in rem, sive in personam sit
A law suit signifies every action, whether it be in rem or in personam.
Litus est quousque maximus fluctus a mari pervenit

The shore is where the highest wave from sea has reached.
Loco
Place
Locus
Place.
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Locus contractus regit actum

Locality of the contract governs the action.
locus in quo
scene of the event
Locus penetentiµ
An opportunity to repent, to be penitent.
Locus pro solutione reditus aut pecuniµ secundum conditionem dimissionis aut obligationis est stricte
observandus
The place for the payment of rent or money according to the condition of a lease or bond, is to be strictly
observed.
Locus regit actum

Locality governs the act.
locus standi
the right to be heard before a tribunal
Longa patientia trahitur ad consensum

Long sufferance is construed as consent.
Longa possessio
Long possession.
Longa possessio est pacis jus

Long possession is the law of peace.
Longa possessio parit jus possidendi et tollit actionem vero domino

Long possession produces the right of possession and takes away from the true owner his action.
Longa possessio parit jus possidendi, et tollit actionem vero domino

Long possession produces the right of possession & takes away from the true owner his action.
Longum est iter per precepta; breve et efficax per statuta

The way is long that is marked out by precepts; short & certain when indicated by statutes.
Longum tempus et longus usus qui excedit memoria hominum sufficit pro jure
Long time & long use, exceeding the memory of men, suffices for right.
Loquendum ut vulgus, sentiendum ut docti

We must speak as the commander, we must think as the learned.
Lubricum glossµ/linguµ non facile trahendum est in p£nam

A slip of the tongue ought not lightly to be subjected to punishment.
Lucet impsa per se µquitas

Equity shines by her own light.
Lucri causa
For the purpose of gain.
Lucrum facere ex puilli tutela tutor non debet

A guardian ought not to make money out of the guardianship of his ward.
Magis de bono quam de malo lex intendit

Law favours a good rather than a bad construction.
Magis jus nostrum quam jus alienum servemus

We should follow our own rather than a foreign law.
Magister rerum usus; magistra rerum experientia

Use is the master of things; experience is the mistress of things.
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Magna culpa dolus est

Great neglect is equivalent to fraud.
Magna est delictum seipsum interficere quam alium

It is as great a crime to kill ones self as to kill another.
Magna fuit magnµ quondam reverentia chartµ

Great was the reverence formerly paid to the Great Charter.
Magna negligentia culpa est, magna culpa dolus est

Gross negligence is a fault, gross fault is a fraud.
Major continet in se minus

The greater contains the less.
Major Humerus in se continet minorem

The greater number contains in itself the less.
Majori summµ minor in est

In the greater sum the less is included.
Majus continet minus

The greater contains the less.
Majus dignuni trahit ad se minus dignum

The more worthy draws to itself the less worthy.
Majus est delictum se ipsum occidere quam alium

It is a greater crime to kill one s self than another.
Majus est delictum seipsum occidere quam alium

It is a greater crime to kill ones self than to kill another.
Mala fide
(In) bad faith.
Mala grammatica non vitiat chartam

Bad grammar does not vitiate a deed.
Mala in se
Bad in themselves.
Mala praxis
Bad management.
Mala prohibita
Crimes prohibited.
Mala quia prohibita

(Acts) wrongful because prohibited by law.
Mala res se habet cum quo virtute effici debeat a tentatur pecunia
That is a bad case wherein one attempts to accomplish with money that which ought to be prompted by virtue.
male appretiata
for the property of a deceased person, to be wrongly valued
Maledicta expositio quµ corrumpit textum

That is a bad exposition which corrupts the text.
Maleficia non debent remainere impunita, et impunitatis effectum continuum tribuit delinquenti
Evil deeds ought not to remain unpunished, & impunity affords continual incitement to the delinquent.
Maleficia propositis distinguuntur

Evil deeds are distinguished from evil purposes.
110
Malitia
Malice.
Malitia est acida, est mali animi affectus

Malice is sour, it is the quality of a bad mind.
Malitia hominum est obviandum

Malice of men is to be averted.
Malitia prµcogita
Malice aforethought.
Malitia supplet µtatem

Malice supplies the want of age. S 83, IPC renders a child below 12 liable if he has attained sufficient maturity of
understanding to --judge the nature of his conduct.
Malitia supplet aesatem

Malice supplies age
Malitiis hominum non est indulgendum

No indulgence ought to be shown to the malicious desires of men.
Malo animo
With evil intent.
Malum hominum est obviandum

Malicious plans of men must be avoided.
Malum in se
A wrong in itself. An act involving illegality from the very nature of the transaction.
Malum non habet efficientum, sed deficientum causam

Evil has not an efficient, but a deficient, cause.
Malum non prµsumitur

Wickedness is not presumed.
Malum prohibitum
An act made wrong by legislation; a forbidden evil.
Malum quo communius, eo pejus

The more common an evil is, the worse it is.
Malus usus est abolendus

An evil custom ought to be abolished.
Mandamus
We command
Mandata licita strictam recipiunt interpretationem, sed illicita latam et extensam

Lawful commands receive a strict interpretation, but unlawful commands a broad & extended one.
Mandatarius terminos sibi positos transgredi non potest

A mandatory provision cannot exceed the bounds of authority.
Mandatum nisi gratuitum nullum est

Unless a mandate is gratuitous, it is not a mandate.
Mandatum non suscipere cui libet liberum ese susceptum autem consummandum est, aut quia primum
renanciandum est, per semet impsum aut per alium eandem rem mandator exequatur
Every person is at liberty to refuse a command; but being undertaken, it is to be performed, or first refused in person,
that the principal may have an opportunity either to do the thing himself, or by the hands of another.
Manifesta probatione non indigent

Manifest things require no proof.
Maris et fµminµ conjunctio est de jure naturµ

The union of male & female is founded on the law of nature,.
111
Maxima illecebra est peccandi impunitatis spes

The greatest incitement to guilt is the hope of sinning with impunity.
Maxima ita dicta quia maxima est ejus dignitas et certissima auctoritas, at que quod maxime omnibus probetur
Maxim is so called because its dignity is the greatest & its authority the most certain, & because it is universally
approved by all.
Maxima paci sunt contraria vis et injuria

The greatest enemies to peace are force & wrong.
Maximus erroris populus magister

The people is the greatest master of error.
Maximus magister erroris populus est

The people are the greatest master of error.
medium concludendi
a ground of action
Melior est conditio possidentis ubi neuter jus habet

Where neither has the right, the condition of the party in possession is the better.
Melior est conditio possidentis, ubi neuter jus habet

Better is the condition of the possessor where neither of the two has the right.
Melior est justita vere prµveniens quam severe puniens

That justice which absolutely prevents is better than that which severely punishes it.
Melior testatoris in testamentis spectanda est

In wills the intention of a testator is to be regarded.
Meliorem conditionem suam facere potest minor deteriorem nequaquam

A minor can make his position better, never worse.
Melius est da spatium tenuemque moram; male cuncta manistrat impetus

It is best to always allow ones self an interval for deliberation; all things are done badly that are done with violence &
precipitancy.
Melius est in tempore occurrere, quam post causa vulneratam remedium quµrere
It is better to meet a thing in time, than after an injury is inflicted to seek a remedy.
Melius est jus deficiens quam jus incertum

Law that is deficient is better than law that is uncertain.
Melius est omnia mafa pati quam malo concentire

It is better to suffer all wrongs, than to consent to any wrong.
Melius est petere fontes quam sectari rivulos

It is better to go to the fountain head than to follow little streamlets.
Melius est recurrere quam male currere

It is better to run back than to run badly; it is better to retrace ones steps than to proceed improperly.
Melius est tutius si no festines

It is better & safer not to be in haste.
Melius est ut decern noxii evadant quam ut unus innocens pereat

It is better that ten guilty persons escape than that one innocent person perish.
Mens et thoro
From bed & board.
Mens rea
Guilty state of mind.
112
Mens testatoris in testamentis spectanda est

The intention of the testator is to be regarded in wills.
Mentiri est contra mentem ire

To lie is to act against the mind.
Mercis appellatio ad res mobiles tantun pertinet

The term merchandise belongs to movable things only.
Merito beneficium legis amittit, qui legem ipsam subvertere intendit

He justly loses the benefit of the law who seeks to infringe the law.
Merum
Mere.
Meta
Beyond.
Methomania
An irresistible craving for alcoholic or other intoxicating liquors.
Metus quen agnoscunt leges in excusationem criminis est talis qui cadere possit in constantem virum
The fear which the law acknowledges in the excuse of crime is such as can fall upon a steady man.
Migrans jura amittat ac privilegia et immunitates domicilii prioris

One who emigrates will lose the rights, privileges & immunities of his former domicile.
Minatur innocentibus qui parcit nocentibus

He threatens the innocent who spares the guilty.
Minima mutanda sunt quµ certam habent interpretationem

Things which have had a certain interpretation are not to be altered.
Minima poena corporalis est major qualibet pecuniaria

The smallest corporal punishment is greater than any pecuniary one.
Minimum est nihilo proximum

The smallest is next to nothing.
Ministerial reciqiunt vicarium sed non item pleraque judicaria

The office of a judge, as a rule, does not admit of a substitute as do purely ministerial offices.
Minor ante tempus agere non potest in casu proprietatis nec etiam convenire
differetur usque µtatem: sed non cadit breve: A minor before majority cannot act in a case of property nor even
agree; it should be deferred until majority but the writ does not fail.
Minor jurare non potest

A minor cannot make oath.
Minor minorem custodire non debet, allios enim prµsumitur male regere qui seipsum regere nescit
A minor ought not to be guardian to a minor for he who knows not how to govern himself is presumed to be unfit to
govern others.
Minor non tenetur pacitare super hµreditate

The minor is not bound to defend himself.
Minor non tenetur respondere durante minori µtate, nisi in causa dotis, propter favorem
A minor is not bound to reply during his minority except as a matter of favour in a cause of dower.
Minor qui infra µtatem 12 annorum fuerit ultagari non potest, nec extra legem poni
A minor who is under 12 yrs of age cannot be outlawed, nor placed without the law.
Minor tenetur in quantum locupletior factus

A minor is bound to the extent to which he has been enriched or benefited.
Minus solvit, qui tardius solvit

He does not pay who pays too late.
113
Minus solvit, qui tardius solvit; nam et tempore minus solvitur

He pays little who pays late; from the delay he is judged not to pay.
Mis
Wrong, bad.
Misera est servitus, ubi jus est vagum aut incertum

It is a miserable slavery where the law is vague or uncertain.
Mitiores pednµ nobis semper placuere

It is more pleasing to the law to inflict a light than a severe punishment.
Mitius imperanti metius paretur

The more mildly one commands, the better is he obeyed.
Mobilia non habent situm

Movables have no situs or local habitation.
Mobilia personam sequuntur, immobilia situm

Movable things follow the person; immovable their site or locality.
Mobilia sequuntur personam

Movables follow the person. A persons powers of dealing with his movable estate & its devolution on his death are
governed by the law of his domicile.
Mode et forma
In the manner & form mentioned.
Modica circumstantia facti jusmutat

A small circumstance attending an act may change the law.
modus
the narration of the facts and circumstances in a criminal charge
Modus debt esse certus, rationabilis, et perantiquus

A custom ought to be reasonable, certain & very ancient.
Modus et conventio vincunt legem

The form of agreement & the convention of parties overrule the law.
Modus legem dat donationi

Custom gives law to the gift.
modus operandi
way of doing something
Modus operendi
Manner of operating.
Modus vivendi
Manner of living.
Mon /Mono
Single.
Moneta est justum medium et mensura rerum commutabilium, nam per medium monetµ fit omnium rerum
conveniens et justa µstimatio
Money is the just medium of commutable things, for, by the medium of money, a convenient & just estimation of all
things is made.
Monetandi jus comprehenditur in regalibus quµ nunquam a regio sceptro abdicantur

The right of coining money is comprehended among those royal prerogatives, which are never relinquished by the
royal sceptre.
Monomania
A derangement of mental faculties, which is confined to some particular idea, or object of desire or aversion; a
derangement of a single faculty of the mind or with regard to a particular subject only.
114
Monopolia dicitur cum unus solus aliquod genus meracturµ universum emit, pretium ad suum libitum statuens
It is said to be a monopoly when one person alone buys up the whole of one kind of commodity fixing a price at his
own pleasure.
Monumenta quµ nos recorda vocamus sunt veritatis et vetustatis vestigia

Monuments which we call records are the vestiges of truth & antiquity.
mora
the delay in asserting a claim, which, when coupled with prejudice to the defender, may prevent the pursuer from
recovering
Mors dicitur ultimum supplicium

Death is called the extreme penalty.
Mors omnia solvit

Death dissolves all things.
Mors ultima linea rerum est

Death is the closing limit of human transactions.
Mortgagium scuto magis quam gladio est

A mortgage is used as a shield rather than a sword.
mortis causa
on account of death
Mos retinendus est fidelissimµ vetustatis

A custom of the truest antiquity is to be retained.
Muilta exercitatione facilius quam regulis percipies

You will perceive many things more easily by experience than by rules.
Mulcta damnum famµ non irrogat

A fine does not involve loss of character.
Mulier amissa pudicitia haud alia abnuerit

When a woman has lost her chastity, she may be suspected of not refusing any thing else of a crime.
Mult/ Multi
Many.
Multa conceduntur per obliquum, quµ non conceduntur de directo

Many things are allowed indirectly which are not allowed directly.
Multa fidem promissa levant

Many promises lessen confidence.
Multa ignoramus quµ nobis non laterent si veterem lectio nobis fuit familiaris
We are ignorant of many things which would not be hidden from us if the reading of old authors was familiar to us.
Multa in jure communi contra rationem disputandi, pro communi utilitate introducta sunt
Many things have been introduced into the common law with a view to the public good, which are inconsistent with
sound reason.
Multa multo exercitatione facilius quam regulis percipies

You will perceive many things much more easily by practice than by rules.
Multa non vetate lex, quµ tamen tacite damnavit

The law forbids not many things which yet it has silently condemned.
Multa transeunt cum universitate, quµ non per se transeunt

Many things pass with the whole which do not pass separately.
Multiplicata transgressione crescat poenµ inflictio

As transgression is multiplied, the infliction of punishment shd increase.
Multitudinem decem faciunt

Ten make a multitude.
115
Multitudo errantium non parit errori patrocinium

The multitude of those who err furnishes no countenance or excuse for error.
Multitudo imperitorum perdit curiam

The great number of unskilful practitioners ruins a court.
Multo utilius est pauca idonea effundere quam multus inutilibus homines gravari
It is more useful to pour forth a few useful things than to oppress men with many useless things.
munus publicum
a public office
mutatis mutandis
(in comparing cases) making the necessary alterations
mutuum
a contract by which fungibles lent without payment must be restored at an agreed date
Nam debes melioris conditionis esse quam actor meus a quo jus in me transit
One should not be placed in a better condition than the person to whose rights he succeeds.
Nam exemplo perniciosum est ut ei scripture credatur qua unus quisquam sibi adnotatione propria debitorem
consituit
Care is to be taken that writings shall not have such credit that a person by his own memorandum can make out
another person his debtor.
Nam nemo haeres viventis

For no one is an heir of a living person.
Nam que hµret in litera hµret in cortice

For he who confines himself to the letter goes but half way.
Naturµ
Nature.
Naturµ appetit perfectum ita et lex

Nature aspires to perfection & so does the law.
Naturµ fide jussionis sit strict issimi juris et non durat, vel extendatur de re ad rem de persona ad personam de
tempore ad tempus
The nature of the contract of suretyship is strictissimi juris & cannot endure nor be extended from thing to thing, from
person to person, or from time to time.
Naturµ non facit saltum, ita nec lex

Nature makes no leap, nor does the law.
Naturµ non facit vacuum

nec lex supervacuum: Nature makes no vaccum, the law nothing purposeless.
Naturµ vis maxima

The force of nature is greatest; nature is doubly great.
Naturae vis maxima est

The force of nature is the greatest.
Naturale est quidlibet dissolvi eo modo quo ligatur

It is natural for a thing to be unbound in the same way in which it was bound.
Navigandi
Navigation.
Ne curia deficeret in justitia exhibenda

Nor should the court be deficient in showing justice.
116
Ne exeat
A writ prohibiting a person from leaving the place.
Ne fictio plus valeat in casu Actio quam Veritas in casu vero

A fiction is of no more value in a fictitious case than truth in a real case.
Ne licitatorem venditor apponat

The seller should not appoint a bidder.
Ne lites immortales essent dum litigantes moitales sunt

Let not strife be immortal, while those who strive are mortal.
Ne quµre litem cum licet figere

Seek not a lawsuit when you can escape it.
Ne quid in oco publico vel itinere fiat

Nothing shall be done in a public place or way.
Ne seipsum prµcipites in discriminem

Judge not too hastily.
Nec regibus infinita aut libera potestas

The power which is given to kings is neither unbounded nor at will.
Nec tempus nec locus occurrit regi

Neither time nor place bars the king.
Nec veniam effuso sanguine casus habet

Where blood is spilled, the case is unpardonable.
Nec veniam leeso numine casus habet

Where the divinity is insulted, the case is unpardonable.
Nec vi, nec clam, nec precario

Neither continuity, nor publicity, nor the adverse nature.
Necessitas est lex temporis et loci

Necessity is the law of time & place.
Necessitas facit licitum quod alias non est licitum

Necessity makes that lawful which otherwise is not lawful.
Necessitas inducit privilegium quoad jura privata

With respect to private rights necessity induces privilege.
Necessitas inducit priviligium quod jura privata

Necessity gives a privilege with ref to private rights.
Necessitas non habet legem

Necessity has no law
Necessitas publica est major quam privata

Public necessity is greater than private necessity.
Necessitas publica major est quam privata

Public necessity is greater than private necessity.
Necessitas quod cogit defendit

Necessity defends what it compels.
Necessitas sub lege non continetur quia quod alias non est licitum necessitas facit licitum
Necessity is not restrained by law, since what otherwise is not lawful, necessity makes lawful.
Necessitas vincit legem

Necessity controls the law.
117
Necessitas vincit legem, legum vincula irridet

Necessity overcomes law; it decides the fetters of laws.
Necessitas vincit precepti; sed non necessitate medii

Consent is necessary in the case of a contract executory, as an act of obedience of the law, but not essential to the
validity of an executed contract.
Nefarium est per formulas legis laqueos innectere innocentibus

It is infamous to lay snares for the innocent through forms of law.
Negatio destruit negationem, et ambo factiunt affirmativum

A negative destroys a negative, & both make an affirmative.
Negatio duplex est affirmatio

A double negative is an affirmative.
Negatio non potest probari

Denial cannot be proved. There can be no proof of a negative proposition.
Negligentia semper habet infortuniam comitem

Negligence always has misfortune for a companion.
negotiorum gestor
a person that in an emergency steps in and acts for another who cannot act for himself, e.g. due to absence (the
relevant process is called negotiorum gestio)
Neminem cum altrius detriment to et injuria fieri locupletiorum

No one can be made richer to the damage & wrong of another.
Neminem lµdit qui jure suo utitur

He who stands on his own rights, injures no one.
Neminem oportet esse sapientiorem legibus

Nobody ought to be wiser than the laws.
Nemini contradicente
None contradicting.
Nemini in alium plus quam licet concessum est legibus

More is allowed to no one against another, than is conceded by the laws.
Nemo
No one.
Nemo ad regem appellet pro aliqua lite, nisi jus domi consequi non possit
No person shd appeal to the king in any suit unless he cannot obtain his right at home.
Nemo admittendus est inhabilitare se ipsum

No one is allowed to incapacitate himself.
Nemo agit in seipsum

No man acts against himself.
Nemo alienae rei sine satisdatione defensor idoneus intelligitur

No man is considered a competent defender of anothers property without security.
Nemo aliquam partem recte intelligere potest antequam totum perlegit

No one can rightly understand part of a thing till he has read through the whole again & again.
Nemo allegans turpitudinem suam est audiendus

No one alleging his own baseness is to be heard.
Nemo bis in periculum veniet pro eodem delicto

No one should come twice into danger for the same crime.
Nemo bis punitur pro eodem delicto

No one can be twice punished for the same offence.
118
Nemo bis punitur vexatur pro eodem delicto

No man is punished twice for the same offence.
Nemo bis vexari debet pro eodem caesa

No man shd be harassed twice for the same offence.
Nemo cogi potest prµcise ad factum sed in id tantum quod interesse

No person can be compelled precisely to the act, but to so much only as interests him.
Nemo cogitationis p£nam patitur

No one suffers punishment on account of his thoughts.
Nemo cogitur rem suam vendere etiam justo pretio

No man is compelled to sell his own property even for a just price.
Nemo cogitur suam rem vendere, etiam justo pretio

No one is bound to sell his own property, even for a just price.
Nemo commodum capere potest de injuria sua propria

No one can take advantage from his own injury.
Nemo condemnari debet inauditus nec summonitus

No one should be condemned unheard or unsummoned.
Nemo contra factum suum venire potest

No man can contradict his own deed
Nemo damnum facit nisi quid id fecit quod facere jus non habet
No one does damage unless he is doing what he has no right to do.
Nemo dare potest quod non habet

No man can give that which he has not.
Nemo dat quid non habet

No one can give who does not possess.
nemo dat quod non habet

one can give a better title than the one he has
Nemo de domo sua extrahi potest

No one may be dragged from his own house.
Nemo debet aliena jactura jocupletari

No one ought to gain by anothers loss.
Nemo debet bis puniri pro uno delicto

No man ought to be punished twice for one offence.
Nemo debet bis vexari pro una et eadem causa

No one ought to be vexed twice for one & the same cause of action: [Mehtab Singh v Tilak Raj 1989 PH 12-4.]
Nemo debet bis vexari, si constat curiµ quod sit pro una et eadem causa
No one should be punished twice if it appear to the court that it is for one & the same cause. [SA Venkatraman v
UOI1954 SCR1150]
Nemo debet esse judex in propria causa

No one can be judge in his own case.
Nemo debet esse testis in sua propria causa

No one ought to be a witness in his own cause.
Nemo debet ex alieno damno lucrari

No one should be enriched out of the loss of another.
Nemo debet ex alterius incommodo

No one ought to be enriched at the expense of another.
119
Nemo debet immiscere se rei alienµ ad se nihil pertinenti

No one should intermeddle with a thing that in no respect concerns him.
Nemo debet in communione invitus teneri

No one should be retained in a partnership against his will.
Nemo debet locupletari aliena jactura

No one ought to be enriched by anothers loss.
Nemo debet rem suam sine facto aut defectu suo amittere
No one should lose his property without his own act or negligence.
Nemo duobus utatur officiis

No one should hold two offices.
Nemo ejusdem tenementi simul potest esse hares et dominus

No one can be at the same time heir & landlord of the same field.
Nemo enim aliquam partem recte intelligere possit antequam totum eterum atque perlegerit
No one can understand the significance of a part of a writing until he has read the whole again & again.
Nemo enim est cogendum quis ad substituendum

No one is compelled to substitute another in his own place.
Nemo est hµres viventis

No one is an heir to the living.
Nemo est supra leges

No one is above the laws.
Nemo ex alterius detrimento fieri debet locupletari

No one ought to be made rich out of another persons injury.
Nemo ex alterius facto pragravari debet

No man is to be burdened in consequence of anothers act.
Nemo ex bis qui negant se debere prohibitur etiam ali defensione uti nisi lex impedit
No one denying that he is indebted is prohibited from using any other lawful defence.
Nemo ex dolo suo proprio relevetur aui auxilium capiat

No one is bound for the advice he gives.
Nemo ex proprio dolo consequitur actionem

No one acquires a right of action from his own wrong.
Nemo ex suo delicto meliorem suam conditionem facere potest

No one can improve his condition by his own wrong.
Nemo factum a se alienum tenetur scire

No one is bound to know the private act or deed of another unless it is done with himself.
Nemo forestam habet nisi rex

Forests belong to no one but the king.
Nemo habetur agere dolose qui jure se utitur

No one is held to act fraudulently who acts in exercise of his right.
Nemo in alterius facto prµgravari debet

No one shd be burdened by the act of another.
Nemo in propria causa testis esse debet

No one ought to be a witness in his own cause.
Nemo inauditus condemnari debet si non sit contumax

No man ought to be condemned without being heard unless he be contumacious.
120
Nemo invitus compellitur ad communionem

No one be compelled into copartnership against his will.
Nemo judex in causa sua

No man shall be a judge in his own cause.
Nemo jus sibi dicere potest

No one can declare the law for himself.
Nemo militans deo implicet se negotiis secularibus

No one whose duty is with things divine should be allowed to deal with things secular.
Nemo mori potest pro parte testatus pro parte intestatus

No one can die partly testate & partly intestate.
Nemo moriturus prµsumitur mentire

No one at the point of death is presumed to lie.
Nemo nascitur artifex

No one is born an artificer.
Nemo patriam in qua natus est exuere nec legeantiµ debitum ejurare possit
A man cannot abjure his native country nor the allegiance which he owes to his sovereign.
Nemo plus commodi heredi suo relinquit quam ipse habuit

No one leaves a greater benefit to his heir than he himself has.
Nemo plus juris ad alium transferre potest quam ipse haberet

No one can transfer to another greater than he himself has.
Nemo plus juris transferre ad alium potest quam ipse habet

No one can transfer to another a larger right than he himself has.
Nemo potest contra recordum verificare per patriam

No one can verify by the country, that is, through a jury, against the record.
Nemo potest contra recordum verificare perpatriam

No one can verify by jury against a record.
Nemo potest episcopo mandare prµter regem

No one can give a mandate to a bishop except the king.
Nemo potest esse dominus et hares

No one can be both owner & heir.
Nemo potest esse simul actor et judex

No one can be suitor & judge, simultaneously.
Nemo potest esse tenens et dominus

No one can at the same time be a tenant and a landlord (of the same tenement).
Nemo potest exuere patriam

No man can abjure his native country.
Nemo potest facere per alium quod per se non potest

No one can do by another what he cannot do by himself.
Nemo potest facere per alium, quod per se non potest

No one can do through another what he cannot do himself.
Nemo potest facere per obliquum quod non potest facere per directum
No man can do that indirectly which he cannot do directly.
Nemo potest gladii potestam sibi vel cujus alterius coercitionis ad alium transferre
No one to whom is delegated a power of coercion can himself transfer it to another.
121
Nemo potest habere duas militias nec duas dignitates

No man can fill two offices or two dignities.
Nemo potest immittere in alienum

No one can send anything into anothers field.
Nemo potest mutare consilium saum in alterias injuriam

No one is allowed to change his own mind to the injury of another.
Nemo potest mutare consilium suum in alterius injuriam

No one can change his purpose to the injury of another.
Nemo potest nisi quod de jure potest

No man can do anything except what he can do lawfully.
Nemo potest renunciare juri publico

No one can renounce a public right.
Nemo potest sibi debere

No one can owe to himself.
Nemo potest sibi mutare causam possessionis

No one can change for himself the cause of his possession.
Nemo prµdo est qui pretium numeravit

No one is a pirate who has counted out the price.
Nemo prµsens nisi intelligat

One is not present unless he understands.
Nemo prµsumitur alienam posteritatem suµ prµtulisse

No man is presumed to have preferred another mans posterity to his own.
Nemo prµsumitur donare

No one is presumed to give.
Nemo prµsumitur donare vel suum perdere

Nobody is presumed to give a donation or to lose what is his own.
Nemo prµsumitur esse immemor suaµ µternµ salutis; et maxime in articulo mortis
No one is presumed to be forgetful of his own eternal welfare & particularly near death.
Nemo prµsumitur ludere in extremis

No one is presumed to trifle at the point of death.
Nemo prµsumitur malus

No one is presumed bad.
Nemo praesumitur esse immemor suae aeternae salutis et maxime in articulo mortis
No one is presumed to be forgetful of his eternal welfare, and particularly in the hour of death.
Nemo prohibetur plures negotiationes sive artes exercere

No one is prohibited from exercising several kinds of businesses or arts.
Nemo prohibetur pluribus defensionibus uti

No one is forbidden to make use of several defences.
Nemo prudens punit ut prµterita revocentur sed ut futura prµveniantur

No wise man punishes that things done may be revoked but that future wrongs may be prevented.
Nemo punitur pro alieno delicto

No one is punished for the crime of another
Nemo punitur sine injuria facto seu defalto

No one is punished except for some injury, deed or default.
122
Nemo qui condemnare potest absolvere non potest

No one is able to condemn unless he is able to acquit.
Nemo redditum invito domino percipere et possidere potest

No one can take & enjoy the rent without the consent of the owner.
Nemo rem suum amittit nisi ex facto aut delicto suo aut neglectu
No one can lose his own property except by his own deed, transgression or neglect.ö
Nemo repente turpissimus

No one becomes bad in an instant.
Nemo se accusare debet, nisi coram Deo

No one should accuse himself except in the presence of God.
Nemo sibi esse judex vel suis jus dicere debet

No one ought to be his own judge, or the tribunal in his own affairs.
Nemo sine actione experitur et hocin on sine breve sive libello conventionali
No one goes to law without an action, & no one can bring an action without a writ or bill.
Nemo tenetur accusare se ipsum nisi coram Deo

No one is bound to accuse himself except in the presence of God.
Nemo tenetur ad impossibilia

No one is bound to an impossibility.
Nemo tenetur armare adversarium contra se

No one is bound to arm his adversary against himself.
Nemo tenetur divinare

No one is bound to know a thing before it happens.
Nemo tenetur edere instrumenta contra se

No man is bound to produce writings against himself.
Nemo tenetur informare qui nescit sed qusquis scire quod informat
No one who is ignorant of a thing is bound to give information of it, but everyone is bound to know that which he
gives information of.
Nemo tenetur jurare in suam turpitudinem

No one is bound to testify to his own baseness.
Nemo tenetur seipsum accusare

No man can be compelled to incriminate himself.
Nemo tenetur seipsum infortuniis et periculis exponere

No one is bound to expose himself to misfortunes & dangers.
Nemo tenetur seipsum prodere

No one is bound to betray himself.
Nemo unquam judicet in se

No one can ever be a judge in his own cause.
Nemo unquam vir magnus fuit sine aliquo divino afflatu

No one was ever a great man without some divine inspiration in him.
Nemo videtur fraudare eos qui sciunt et consentiunt

No one is considered as defrauding those who know & consent.
Neque legis neque senatus sconsulta ita. Sorivi possunt ut omnis casus qui quanto que in sedirinut
comprehendature sed saffic. It µquµ plµrum que accibunt contineri
Neither the laws, nor Acts of Parliament, can be so written as to include all actual or possible cases; it is sufficient if
they provide for those things which strictly or ordinarily happen.
Nexus
Connection
123
Nigrum nunquam excedere debet rubrum

The black should never go beyond the red, ie, the text of a statute should never be read in a sense more
comprehensive than the rubric.
Nihil
Nothing.
Nihil agitur si quid agendum superest

Nothing is done if anything remains to be done.
Nihil aliud potest rex quam quod de jure potest

The king can do nothing but what he can do by law.
Nihil consensui tam contrarium est quam vis atque metus

Nothing is so opposed to consent as force & fear.
Nihil cuiquam expedit quod per leges non licet

Nothing contrary to law can be profitable to any one.
Nihil dat qui non habet

He gives nothing who has nothing.
Nihil de re accressit ei qui nihil in re quando jus accresceret habet

Nothing of a matter accrues to him who, when the right accrued, has nothing in that matter.
Nihil dictum quod non dictum prius

Nothing is said which was not said before.
Nihil est ad conciliandum gratius verecundia

There is nothing more agreeable to conciliation than mutual respect.
Nihil est enim liberate quod non idem justum

There is nothing generous which is not at the same time just.
Nihil est magis rationi consentaneum quam eodem modo quodque dissolvere quo conflantum est
Nothing is more consonant to reason than that a thing shd be dissolved or discharged in the same way in which it
was created.
Nihil facit error nominis cum de corpore constat

An error of name is nothing when there is certainty as to the person.
Nihil habet forum ex scena

The court has nothing to do with what is not before it.
Nihil honestum amico est opportuno amicus

Nothing can be honest which is destitute of justice.
Nihil in lege intolerabilius est eandem rem diverso jure censeri

Nothing is more intolerable in law than that the same thing be judged by different rules.
Nihil iniquius quam µquitatem nimis intendere

Nothing is so unjust as to extend equity too far.
Nihil interest ipso jurequis actionem non habeat per exceptionem infirmetur
The law does not concern itself as to who may not have the right to an action or who may be injured by an exception.
Nihil magis justum est quam quod necessarium est

Nothing is more just than that which is necessary.
Nihil nequam est prµsumeddum

Nothing wicked is to be presumed.
Nihil perfectum est dum aliquid restat agendum

Nothing is perfect while something remains to be done.
124
Nihil peti potest ante id tempus, quo per rerum naturam persolvi possit
Nothing can be demanded before that time when in the nature of things, it can be paid.
Nihil possumus contra veritatem

We can do nothing against truth.
Nihil prµscribitur nisiquod possidetur

No prescription for that which is not possessed.
Nihil quod est contra rationem est licitum

Nothing that is against reason is lawful.
Nihil quod est inconveniens est licitum

Nothing inconvenient is lawful.
Nihil simile est idem

Nothing similar is identical.
Nihil simul inventum est et perfectum

Nothing is invented & perfected at the same moment.
Nihil tam absurdum dici potest ut non dicatur a philosopho

There is nothing so absurd but that it may at some time have been uttered by a philosopher.
Nihil tam conveniens est naturali µquitati quam unumquodque dissolvi eo ligamine quo ligatum est
Nothing is so consonant to natural equity as that every contract should be dissolved by the means which rendered it
binding.
Nihil tam conveniens est naturali µquitati quam voluntatem domini volentis rem suam in alium transferre ratum
haberi
Nothing is so consonant to natural equity as to regard the wish of the owner in transferring his own property to
another.
Nihil tam naturali est quam eo genere quidque dissolvere, quo colligatum est
Nothing is so natural as that an obligation should be dissolved by the same principles which were observed in
contracting it.
Nil consensui tam contrarium est quam vis atque metus

There can be no consent when under duress, or force, or fear.
Nil facit error nominis cum de corpore constat

An error of name makes not difference when it appears from the body of the instrument.
Nil facit error nominis cum de corpore vel persona constat

A mistake in the name does not matter when the body or person is manifest.
Nil similius insano quam inebrius

Nothing resembles a mad man more strongly than a drunken man.
Nil sine prudenti fecit ratione vetustas

Antiquity did nothing without a good reason.
Nil tam proprium est imperio quam legibus vivere

Nothing is so becoming to an authority as to live according to the law.
Nil tam proprium imperiit ac libertatis quam legibus vivere

Nothing is so peculiar to empire & liberty as to live in accordance with law.
Nil utile aut honestum quod legibus contrarium

Nothing is useful or honourable that is contrary to law.
Nimia certitudo certitudinem ipsam destruit

Too great certainty destroys certainty itself.
Nimia subtilitas in jure reprobatur

Too much subtlety in law is discountenanced.
125
Nimia subtilitas in jure reprobatur, et talis certitudo certitudinem confundit

Too great subtlety is disapproved of in law, & such certainty confounds certainty.
Nimium altercando Veritas amittitur

By too much altercation, truth is lost.
Nisi
Unless
Nobiles magis plectuntur pecunia; plebes vero in corpore

The higher classes are more punished in money; but the lower in person.
Nobiles sunt qui urma gentilitiu antecessorum suorum proferre possunt

The gentry are those who are able to produce armorial bearings derived by descent from their own ancestors.
Nobiliores et benigniores prµsumptiones in dubiis sunt prµferendµ

In cases of doubt, the more generous & more benign presumptions are to be preferred.
Nobilitas est duplex, superior et inferior

There are two sorts of nobility, the higher & the lower.
Nocent expressa, non expressa non nocent

That which is expressed may injure; that which is not expressed cannot injure.
Nocumenturm
Nuisance.
Nolle prosequi
Unconditional withdrawal of a case or undertaking not to sue. Lack of diligent prosecution; Collusion, delay & laches.
Nom de plume
Writers assumed name.
Nomen
Name.
Nomen dicitur a noseendo, quia notitiam facit

A name is called from the word to know, because it makes recognition.
Nomen juris
Name of the law.
Nomen non sufficit si res non sit de jure aut de facto

A name does not suffice if the thing does not exist by law or by fact.
Nomina
Names.
Nomina si necis perit, cognitio rerum; et nomina si perdas certe distincto rerum perditua
If you know not the names of things, the knowledge of things itself perishes; & if you lose the names of things, the
distinction between the things is certainly lost.
Nomina sunt mutabilia res autem immobilis

Names are mutable but things immutable.
Nomina sunt notae rerum

Names are the marks of things.
Nomina sunt symbola rerum

Names are the symbols of things.
Non accipi debent verba in demonstrationem falsam quµ competunt in limitationem veram
Words ought not to be accepted to import a false description which may have effect by way of true limitation.
Non alienat qui dumtaxat omittit possessionem

He does not alienate who merely gives up possession.
126
Non alio modo puniatur aliquis quam secundum quod se habet condemnatio
A person may not be punished differently than according to what the sentence enjoins.
Non aliter a significatione verborum recedi oportet quam cum manifestum est aliud sensisse testatorem
We must never depart from the signification of words unless it is evident that they are not conformable to the will of
the testator.
Non auditor perire volens

One who wishes to perish ought not to be heard.
Non autem deperdita? dicuntur si postea re cuperantur

Nothing may be said to be lost which is afterwards recovered.
Non bene conducti vendunt perjura testes

The perjuries of witnesses hired dishonestly are dangerous since they are for sale to the highest bidder.
Non capitur qui jus publicum sequitur

He is not snared who follows public right.
non compos mentis

not of sound mind and understanding
Non compus mentis

Not of sound mind and understanding
Non concedantur citationes priusquam exprimatur super qua re fieri debet citatio
Summons should not be granted before it is expressed on what matter it ought to be made.
Non consentit qui errat

He who errs does not consent.
Non constat
It does not appear. It is not clear or evident.
Non constat -
It is not certain
Non creditur referenti, nisi constat derelato

The reference is not to be credited unless the thing referred to be proved.
Non crimen per se neque privatum damnum sed publicum malum, leges spectant
The law regards a crime as working public evil; not merely as a wrong by itself, or as a private loss.
Non dat qui contra leges dat

He gives nothing who gives contrary to law.
Non dat qui non habet

He, who has not, does not give.
Non de guerre
Assumed name under which a person fights, plays, writes etc.
Non debeo melioris conditionis esse, quam acutor mens; a quo jus in me transit
I ought not to be in better condition than he to whose rights I succeed.
Non debet actori licere quod reo non permittitur

A plaintiff ought not to be allowed that what is not permitted to a defendant.
Non debet adduci exceptio ejus rei cujus petitur dissolutio

An exception of the thing whose abolition is sought ought not to be adduced.
Non debet alii nocere quod inter alios actum esset

No one ought to be injured by that which has taken place between other parties.
Non debet alteri per alterum iniqua conditio inferri

No one ought to be put in an unfair position by the act of another.
127
Non debet cui plus licet, quod minus est, non licere
He who is permitted to do the greater, may with greater reason do the less.
Non debet dici tendere in prµjudicium ecclesiasticµ liberatatis quod pro rege et republica necessarium videtur
That which seems necessary for the king & the state ought not to be said to tend to the prejudice of spiritual liberty.
Non debet melioris conditionis esse quam auctor mens a quo jus in me transit
One cannot be in a better condition as to his title than the grantor whose title he takes.
Non decet homines decere causa non cognita

It is unbecoming to surrender when no cause is shown.
Non decipitur qui scit se decipi

He is not deceived who knows that he is deceived.
Non defendere videtur qui pra?sens negat se defendere

He who, when present, refuses to defend himself, is regarded as submitting.
Non definitur in jure quid sit conatus

What an attempt is, is not defined in law
Non differunt quµ concordant re, tamestsi non in verbis iisdem

Those things which agree in substance, though not in the same words, do not differ.
Non dubitatur etsi specialiter venditor evictionem non promiserit, re evicta ex empto competere actionem
A warranty of title is implied on the part of a vendor so that in case of eviction an action for damage lies against him
by the vendee.
Non efficit affectus nisi sequatur effectus

The intention amounts to nothing unless some effect follows.
Non enim tarn auctoritatis in disputando, rationis momenta quµrenda sunt

In every argument more respect is to be had to reason than to authority.
Non est
Never existing.
Non est arctius vinculum inter homines quam jusjurandum

There is no stronger link among men than an oath.
Non est aretius vinculum inter homines quam jusjurandum

There is no stronger link among men than an oath.
Non est certandum de regulis juris

There is no disputing about rules of law.
Non est deleganda reipublicµ cura personµ non idioneµ

The affairs of the republic should not be delegated to improper persons.
Non est disputandum contra principia negantem

There is no disputing against a man denying principles.
Non est factum

It is not his deed
Non est informatus

He is not informed
Non est justum aliquem antenatum post mortem facere bastardum, qui toto tempore vitµ suµ prolegitimo
habebatur
It is not just to make an elder born a bastard after his death who during his lifetime was accounted legitimate.
Non est lex sed servitus, ad ea teneri quibus non consenseris

It is not law but servitude to be held by what we have not consented to.
Non est novum ut priores leges ad posteriores tranhantur

It is no new thing that prior statutes shd give place to later ones.
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Non est recedandum a communi observantia

There should be no departure from a common observance.
Non est regula quin fallat

There is no rule but what may fail.
Non est reus nisi mens sit rea

One is not guilty unless his intention be guilty.
Non est singulis concedendum, quod per magistratum publice possit fieri ne occasio sit majoris tumultus
faciendi
That is not to be conceded to private persons which can be publicly done by the magistrate lest it be the occasion of
greater tumults.
Non ex opinionibus singulorum sed ex communi usu nomina exaudiri debent

Names of things should be understood according to common usage, not according to the opinions of individuals.
Non exemplis sed legihus judicandum est

Not by the facts of the case, but by the law, must judgment be made.
Non facias malum ut inde veniat bonum

You shall not do evil that good may come of it.
Non impedit clausula derogatoria, quo minus ab eadem potestate res dissolvantur a qua constituuntur
A derogatory clause does not prevent acts from being dissolved by the same power which constituted them.
Non in legendo sed in intelligendo leges consistunt

The laws consist not in being read but in being understood.
Non jus ex regula, sed regula ex jure

The law does not arise from the rule, but the rule from the law.
Non jus sed seisina facit stipitem

Not right, but seisin, makes a stock.
Non jus, sed seisina, facit stipitem

Not right, but seisin makes a stock (from which the inheritance must descend).
Non licet quod dispendio licet

That which is permitted only at a loss is not permitted to be done.
Non multum distant a brutis qui ratione carent

Not far removed from brutes are those who are wanting in reason.
Non nasci, et natum mori, paria sunt

Not to be born & to be stillborn, are the same.
Non obligat lex nisi promulgata

A law is not obligatory unless it be promulgated.
Non observata forma, infurtur annullatio actus

When the form is not observed, it is inferred that the act is annulled.
Non obstante veredicto

Notwithstanding the verdict.
Non officit conatus nisi sequatur effectus

An attempt does not harm unless a consequence follows.
Non ome damnum inducit injuriam

It is not every loss that produces an injury.
Non omne quod licet honestum est

Not everything which is permitted by law is honourable.
Non omnium quµ majoribus nostris constiuta sunt ratio reddi potest
A reason cannot always be given for the institution of our ancestors.
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Non potest adduci exceptio ejusdem rei cujus petitur dissolutio

A matter, the validity of which is at issue in legal proceedings, cannot be set up as a bar thereto.
Non potest probari quod probatum non relevat

That cannot be proved which, if proved, is immaterial.
Non potest quis sine brevi agere

No one can sue without a writ.
Non potest rex gratiam facere cum injuria et damno aliorum

The king cannot confer a favour on one subject to the injury & damage of others.
Non potest videri desisse habere, qui nunquam habuit

He cannot be considered as having ceased to have a thing who never had it.
Non prµstate impedimentum quod de jure non sortitur effectum

An impediment, which does not by law produce a consequence, avails nothing.
Non quod dictum est, sed quod factum est injure inspicitur
Not what is said, but what is done, is regarded.
Non recusat ad minora dimittere lex

The law does not refuse to descend to the smallest details.
Non refert aut quis assensum suum prµfert verbis aut rebus ipsis et factis
It matters not whether a man gives his assent by his words or by his acts & deeds.
Non refert quid notum sit judici si notum non sit in forma judicii
It matters not what is known to the judge if it is not known judicially.
Non refert quid notum sit judici, si noium non sit in forma judicii
No judge shd import his private knowledge of the facts into a case. It matters not what is known to the judge if it is not
known to him judicially.
Non refert verbis aut factis revocatio

It matters not whether a revocation be by words or by acts.
Non sequitur
An inconsistent statement, it does not follow
Non solent quµ abundant vitiare scripturas

Superfluity does not usually vitiate writings.
Non sui juris

Not his own master.
Non sunt longa ubi nihil est quod demere possis

There is no prolixity where there is nothing that can be omitted.
Non temere credere, est nervus sapientiµ

Not to believe rashly is the nerve of wisdom.
non valens agere

the unfitness of a person to act by reason of minority
Non valet donatio nisi subsiquatur traditio

A gift is valid only when it is accompanied by the possession of the property gifted.
Non videtur perfecte cujusque id esse quod ex casu auferri potest

That does not truly belong to any one which can be taken from him upon occasion.
Non videtur quisquam id capere quod ei necesse est alii restituere aut quod ex casu auferri potest
One will not be considered as acquiring any property in a thing which he is bound to restore or which can be taken
from him on occasion.
Non videtur vim facere, qui jure suo utitur et ordinaria actione experitur
He is not deemed to use force who exercises his own right & proceeds by ordinary action.
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Norma
Norm/Rule.
Noscitur a sociis
When two or more words which are susceptible of analogous meaning are coupled together, they are understood to
be used in their cognate sense. The words take, as it were, their colour from each other, ie, the more general is
restricted to a sense analogous to the less general. Associated words take their meaning from one another under this
doctrine the philosophy of which is that the meaning of doubtful word may be ascertained by reference to the meaning
of words associated with it: such doctrine is broader than the maxim ejusdem generis..
Noscitur ex socio qui non congnositur ex se

He who cannot be known from himself may be known from his associates.
Nova constitutio, futuris formam imponere debet, non prµteritis

A new law ought to be prospective, not retrospective, in its operation: [DMCv Charanjitlal1979 Del 178-82]
nova debita
debts, the payment of which is not struck at by the bankruptcy law, despite the fact that they were contracted within
60 days before bankruptcy
Novatio non prµsumitur

A novation is not presumed.
Novum
New.
Novum judicium non dat novum jus, sed declarat antiquum; quia judicium est juris dictum et prejudicium jus
est noviter revelatum quod diu fuit velatum
A new adjudication does not lay down a new law but declares the ancient law; for, a trial is a declaring of the law, &
by a judgment, the law is revealed anew which for a time had been veiled.
Nuda pactio obligationem non pent

A naked promise does not make an obligation.
Nuda ratio et nuda pactio non ligant aliuem debitorem

Naked reason & naked promise do not bind any debtor.
Nudum pactum
A nude pact. An agreement without consideration.
Nudum pactum est ubi nulla subest causa prµtor conventionem; sed ubi subest causa, fit obligatio et parit
actionem
Where there is no other consideration than the agreement itself, the contract is naked & obligeth not; only where
there is a consideration, is there an obligation which will give a right of action.
Nugµ in seria mala ducunt

Trifles lead to serious mischief.
Nul prendra advantage de son tort demesne

No one shall take advantage of his own wrong.
Nulla emptio sine pretio esse potest

There can be no sale without a price.
Nulla falsa doctrina est quµ non permisceat aliquid Veritas

No doctrine is so false but it may be mixed up with some truth.
Nulla impossibilia aut inhonesta sunt prµsumenda; vera autem et honesta et possibilia
No things, that are impossible or dishonourable, are to be presumed; but the things that are true & honourable &
possible.
Nulla p£na sine lege

Every criminal law has to fulfil all the qualifications. One of the notions is,. penal laws should not have retrospective
operation.
Nulla res vehementius republicam continet quam fides

Nothing binds the republic more closely than the fidelity of its citizens.
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Nulla sasina, nulla terra

No fee, no land.
Nulla unquam de morte hominis cunctatio longa est

There should be long delay in matters involving human life.
Nulla virtus, nulla scientia, locum suum et digni tatem conservare potest sine modestia
Without modesty, no virtue: no knowledge can preserve its place & dignity.
Nulle regle sans faute

There is no rule without a fault.
Nulle terre sans seigneur

No land without a lord.
Nulli differemus justitiam

To no one should we delay justice.
Nulli enim res sua servit jure servitutis

No one can have a servitude over his own property.
Nulli vendemus, nulli negabimus aut differemus rectum vel justiciam

To no man will we sell, to no man deny, to no man delay, justice or right.
Nullum anarchia majus est inobedentia

There is no evil greater than anarchy.
Nullum crimen majus est inobedentia

No crime is greater than disobedience.
Nullum damnum sine remedio

There is no loss without a remedy.
Nullum exemplum est idem omnibus

No example is the same for all purposes.
Nullum medicamentum est idem omnibus

No medicine is equally effective upon all.
Nullum simile est idem, nisi quatuor pedibis currit

No like is identical, unless it runs on all fours.
Nullum tempus aut locus occurit regi

Time or place never runs against the Crown, ie, State is not bound by the ordinary laws of limitation or jurisdiction.
Nullum tempus occurit regi

Every person is liable to punishment irrespective of caste, creed, community, nation or rank.
Nullus commodum capere potest de injuria sua propria

No man can take advantage of his own wrong.
Nullus commodum capere potest ex sua injuria propria

No one can derive an advantage from his own wrong.
Nullus est mensura rerum communtandarum

Money is the measure of things that are to be changed.
Nullus idoneus pesis in re sua intelligitur

No person is understood to be a competent witness in his own cause.
Nullus jus alienum forisfacere potest

No man can forfeit anothers right.
Nullus liber homo capiatur, vel imprisonetur aut exulet, aut aliquo modo destruatur, nisi per legale judicium
parium, suorum, ve per legem terra
No freeman shall be taken imprisoned or exiled or in any other manner destroyed save by the lawful judgment of his
peers or by the law of the land.
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Nullus recedat e curia cancellaria sine remedio

No one should depart from a Court of Chancery without a remedy.
Nullus videtur dolo facere quo suo jure utitur

No man is to be esteemed a wrongdoer who avails himself of his legal right. Improper motive cannot make a rightful
act in law as a wrongful one.
Nunquam fictio sine lege

There is no fiction without law.
Nunquam prµscribitur in falso

Prescription is never founded in falsehood.
Nunquam res humanµ prospere succedunt ubi negliguntur divinse

Human affairs never prosper where things divine are neglected.
Nuptias non concubitus sed consensus facit

Not cohabitation, but consent, makes the marriage.
Obedientia est legis essentia

Obedience is the essence of the law.
obiter dictum
of judicial statements, not essential to the decision of the case and therefore without binding authority (pl. obiter
dicta)
Obligatio est juris vinculum, quo necessitate astringimur alicujus solvenda rei secundum nostrµ vicitatis jura
An obligation is a tie of law which binds us to render something according to the rules of our civil law.
Obligatio mandati consensu contrahentium consistit

The authority of an agent to contract for his principal rests on the consent of his principal.
Obtemperandum est consuetudini rationabili tanquam legi

A reasonable custom is to be obeyed as law.
Occult
Secret.
Occultatio
Concealment.
Occultatio thesauri inventi fraudulosa

The concealment of discovered treasure is fraudulent.
Occupantis fiunt derelicta

Things abandoned become the property of the occupant.
occupatio
a mode of acquiring property by appropriating a thing
Oderunt peccare boni virtutis amore; oderunt peccare mali, formidine pcenµ
Good men hate sin through love of virtue, bad men through fear of punishment.
Odio et amore judex caveat

Let a judge be free from hatred & love.
Odiosa et inhonesta non sunt prµsumenda

Odious & dishonest things are not to be presumed in law.
Officit conatus si effectus sequatur

The attempt becomes of consequence if the effect follows.
Officium
An office.
133
Officium nemini debet esse damnosum

An office ought to be injurious to no one.
Omissio eorum quµ tacite insunt nihil operatur

The omission of those things, which are tacitly implied, is of no consequence.
Omne accessorium sequitur suum principale

Every accessory thing follows its principal.
Omne actum ab intentione agentis est judicandum; a voluntate procedit causa vitii atque virtutis
Every act is to be estimated by the intention of the doer: the cause of vice & virtue proceeds from the will.
Omne crimen ebrietas et incendit et detegit

Drunkenness excites to & discloses every crime: drunkenness both inflames & reveals every crime.
Omne jus aut consensus fecit, aut necessitas constituit aut firmavit consuetudo
Every right is either made by consent or is constituted by necessity or is established by custom.
Omne jus et omnis actio injuriam tempore finita et circumscripta sunt

Every law & every action is finished & circumscribed by the time of the injury.
Omne magis dignum trahit ad se minus dignum, quamvis minus dignum sit antiquius
Every worthier thing draws to it the less worthy though the less worthy be the more ancient.
Omne magnum exemplu habet aliquid ex iniquo, quod publica utilitate compensator
Every great example has something of injustice which is compensated by its public utility.
Omne majus continet in se minus

Every greater (thing) contains in itself the less.
Omne majus dignum continet in se minus dignum

The more worthy contains in itself the less.
Omne malum nocens facile opprimitur

inveteratum fit plerumque robustius: Every evil at its birth is easily rooted out; when grown old, it mostly becomes
stronger.
Omne nimium vertitur in vitium

Every excess becomes a vice.
Omne principale trahit ad se accessorium

Every principal thing draws to itself the accessory.
Omne quod solo inµdificatur solo cedit

Everything, which is built upon the soil, belongs to the soil.
Omne sacramentum debet esse de certa scientia

Every oath ought to be of certain knowledge.
Omne testamentum morte consummatum est

Every will is consummated by death.
Omne verbum de ore fideli cµdit in debitum

Every word sincerely spoken constitutes an obligation.
Omnes actiones in mundo infra certa tempora habent limitationem

All actions in the world are limited with certain periods.
Omnes bonos accusare addocet suspicionem

It behoves all good men to avoid suspicion.
Omnes homines aut liberi sunt aut servi

All men are freemen or slaves.
Omnes licentiam habent his quµ pro se indulta sunt renunciare

Every man may renounce a benefit or waive a privilege which law has conferred upon him.
134
Omnes prudentes illa admittere solent quµ probantur is qui in arte sua bene versati sunt
All prudent men are accustomed to admit those things which are approved by those who are well versed in the art.
Omnia delicta in aperto leviora sunt

All crimes (committed) in the open are (considered) lighter.
Omnia mala exempla bonis principiis orta sunt

All bad precedents have their origin in good principles.
Omnia prµsumuntur legitime facta donec probetur in contrarium

All things are presumed to be lawfully done, until proof be made to the contrary.
Omnia prµsumuntur rite esse acta

All things are presumed to be correctly done.
Omnia praesumuntur contra spoliatorem

All things are presumed against a wrongdoer.
Omnia prasumuntur contra spoliat orem

All things are presumed against a wrongdoer.
Omnia prius verbis experiri quam armis sapientem decet

It is the part of wisdom to exhaust negotiation before resorting to arms.
Omnia quµ nunc vetustissima creduntur nova fuere et quod hodie exemplis tuemur inter exempla erit
All that we now consider as ancient was at one time new; & what we respect as examples today, will in the future be
received as precedents.
Omnia quµ sunt uxoris sunt ipsius viri

All things, which are the wifes, belong to the husband.
Omnia uxoris durante conjugio mariti sunt

All things belonging to the wife are also the husbands while the marriage continues.
Omnibus infra regnum orantibus legis remedium patet

The remedy of the law lies open to all within the kingdom who ask it.
Omnis actio est loquela

Every action is a complaint.
Omnis consensus tollit errorem

Every consent removes error.
Omnis contractus turpitudinis legibus invisus

Every dishonourable contract is odious.
Omnis definitio in jure periculosa est, parum est enim ut subverti possit
Every definition in law is dangerous, for there is but little that cannot be overthrown.
Omnis indemnatus pro innoxio legibus habetur

Every uncondemned person is held by the law as innocent.
Omnis innovatio plus novitate perturbat quam utilitate prodeat

Every innovation disturbs more by its novelty than it benefits by its utility.
Omnis innovatio plus novitate perturbat quam utilitate prodest

Every innovation disturbs more by its novelty than benefits by utility.
Omnis interpretatio si fieri potest ita fienda est in instrumentis ut omnes contrarietates amoveantur
Every interpretation, if it can be done, is to be so made in instruments that all contradictions may be removed.
Omnis interpretatio vel declarat vel extendit vel restringgit

Every interpretation either declares, extends or restrains.
Omnis nova constitutio futuris teiaporibus formam imponere debet, non prµteritis
Every new statute shd give a form to future times, not to past.
135
Omnis persona est homo, sed non vicissim

Every man is a person but not every person a man.
Omnis privatio prµsupponit habitum

Every privation presupposes former enjoyment.
Omnis prohibitio mandato equiparatur

Every prohibition is equivalent to a command.
Omnis querela et omnis actio injuriarum limitata est infra certa tempora
Every plaint & every action for injuries is limited within certain times.
Omnis ratihabitio retrotrahitur et mandato priori µquiparatur

Every subsequent ratification has a retrospective effect & is equivalent to a prior command.
Omnis regula suaspatitur exceptiones et omnis exceptio est regula

Every rule is subject to its own exceptions & every exception is a rule.
onus probandi
burden of proof
ope et concilio
by help and counsel (a synonym for "art and part")
ope exceptionis
as a defence; by way of exception
Oportet legem brevem esse, quo facilius ab imperitis teneatur

Laws ought to be short, that they may be more readily comprehended by the unlearned.
Oportet quod certa res deducatur in judicium

A thing to be brought to judgment must be certain or definite.
Opposita juxta se posita magis eluccscunt

Things opposite when placed together appear in clearer light. Things opposite are more conspicuous when placed
together.
Optima est legis interpres consuetude

Custom is the best interpreter of the law.
Optima est lex quµ minimum relinquit arbitrio judicis, optimus judex qui minimum sibi
That system of law is best which leaves least to discretion of the judge: he judges the best who relies least on his
own opinion.
Optima legum interpres est consuetudo

The best interpreter of laws is custom.
Optima statuti interpretatrix est ipsum statutum

The best interpreter of a statute is the statute itself.
Optimus interpres rerum est usus

The best interpreter of things is usage.
Optimus interpres rerum usus

Usage is the best interpreter of things.
Optimus interpretandi modus est sic leges interpretare ut leges legibus concordant
The best mode of interpretation is so to interpret laws that they may accord with each other.
Optimus judex, quo minimum sibi

He is the best judge who relies least upon his own opinion.
Optimus legis interpres consuetudo

Usage is the best interpreter of laws The world.
Ore Tenus
By word of mouth.
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Origio rei inspici debet

The origin of a thing ought to be inquired into.
Oritur
Arise.
Pacta conventa quµ neque contra leges neque dolo malo initia sunt omni modo observanda sunt
Contracts which are not illegal, & do not originate in fraud, must in all respects be observed.
Pacta dant legem contractui

Agreements which are not contrary to the laws nor entered in.
Pacta privata juri publico derogare non posunt

By the bargain of private persons nothing can be derogated from public law.
Pacta privata juri publico non derogare possunt

Private contracts cannot derogate from public law.
Pacta privata non derogant juri communi

Private agreements cannot derogate from common right.
Pacta quµ contra leges constitutiones que vel contra bonos mores fiunt nullam vim habere indubitati juris est
Contracts, which are made against law or good morals, have no force, is a principle of undoubted law. pacta quoe
turpem causam continent nonsunt observanda that is to say wherever the consideration which is the ground of the
promise, or the promise which is the consequence or effect of the consideration, is unlawful, the whole contract is void.
[Krishna Ceramics and Refractories, Rajahmundry Vs. K.V. Narayana and others MANU/AP/0434/2000
Pacta quµ turpem causam continent non sunt observanda

Agreements founded upon an immoral consideration are not to be observed.
Pacta reciproca vel utrosque ligant vel neutrum

Mutual bargains bind both parties or neither.
pacta sunt servanda

agreements must be followed
Pacta traditione flrmantur

Agreements are confirmed by delivery.
Pactis privatorum juri publico non derogatur

Private contracts do not derogate from public law.
Pacto aliquod licitum est, quod sine pacto non admittitur

By special agreement things are allowed which are not otherwise permitted.
pactum
agreement
Pactum de assedatione facienda et ipsa assedatione µquiparantur

An agreement to grant a lease is equivalent to the lease itself.
Pactum de non petendo

Agreement not to sue. A simple convention whereby a creditor promises the debtor that he will not enforce his claim.
pactum illicitum
unlawful contract
Pan /Panto
All.
Par delictum
Equal fault.
Par in parem imperium non habet

An equal has no power over an equal.The Court must first examine whether the limitation pursued a legitimate aim. It
notes in this connection that sovereign immunity is a concept of international law, developed out of the Principle par in
137
parem non habetimperium, by virtue of which one State shall not be subject to the jurisdiction of another State. The
Court considers that the grant of sovereign immunity to a state in civil proceedings pursues the legitimate aim of
complying with international law to promote comity and good relations between States through the respect of another
States sovereignty. [Entico Corporation Limited Vs. United Nations Educational Scientific And Cultural Association
MANU/UKCM/0076/2008]
Pari
Equal.
Pari causa
With equal right.
Pari delicto
In equal fault. Doctrine of pari delicto is not designed to reward the wrongdoer, or to penalize the wronged, by
denying to the victim of exploitation access to justice. The doctrine is attracted only when none of the parties is a victim
of such exploitation, & both parties have voluntarily & by their free will joined hands to flout law for their mutual gain.
Where contracts or transactions are prohibited by positive statutes, for the sake of protecting one set of men from
another set of men; the one from their situation & condition being liable to be oppressed & imposed upon by the other,
there the parties are not in pari delicto; & in furtherance of these statutes, person injured after the transaction is finished
& completed, may bring his action & defeat the contract.[ Mohd Salimuddin v Misri Lal 1986 SC VS Rahi v Ram
Chambeli ( 1984) 2 SCR 290 ; 1984 SC 595 ]
Pari delicto potior est conditio defendantis

The principle that the Court will refuse to enforce an illegal agreement at the instance of a person who is himself a
party to an illegality or fraud. The principle that the Courts will refuse to enforce an illegal agreement at the instance of a
person who is himself a party to an illegality or fraud is expressed in the maxim "in pari-delicto potior est conditio
defendentis". But there are exceptional cases in which a man will be relieved of the consequences of an illegal contract
into which he has entered-cases to which the maxim does not apply. Hey fall into three classes. (a) where the illegal
purpose has not yet been substantially carried into effect before it is sought to recover money paid or goods delivered
in furtherance of it; (b) where the plaintiff is not in pari delicto with the defendant; (c) where the plaintiff does not have to
rely on the illegality to make out his chant. [Rameshbhai Ambalal Shah Vs. State of Gujarat and Anr.
MANU/GJ/1090/2011 ]
Pari materia
On the same matter.
Pari passu
On an equal footing
Pari ratione
On the same reasoning.
particeps criminis
accomplice
Participes criminis
Participant in crime. An accomplice is a person who participates in the commission of the actual crime charged
against the accd. He is concerned with another or others in commission of a crime. The cooperation in the crime must
be real & not merely apparent. The term accomplice signifies a guilty associate in crime or one who sustains such a
relation to the crl act that he can be jointly indicted with the principal.
Partus sequitur ventrem

The offspring follows the mother
Parum est latum esse sententiam nisi mandetur executioni

It is not enough that sentence be given unless it be carried into execution.
Pater est quem nuptiae demonstrant

The father is he whom the marriage points out.
Pater familias
The head of a family. In Roman law. The head or master of a family. This word is sometimes employed, in a wide
sense, as equivalent to sui juris. A person sui juris is called "paterfamilias" even when under the age of puberty. In the
narrower and more common use, a paterfamilias is any one invested with potestas over any person. It is thus as
applicable to a grandfather as to a father.ö
Patria potestas
Paternal property. That which descends or comes to one from his father, grandfather, or other ascendant or collateral
on the paternal side of the house.
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Peccata contra naturam sunt gravissima

Wrongs against nature are the most serious.
Pen
Almost.
Pendente lite nihil innovetur

During litigation nothing should be changed
penuria testium
lack of witnesses
Per /Pel
Through, throughout.
Per curiam
In the opinion of the court.
Per minas
By means of menaces or threats
Per quod
By reason of which.
per se
by itself
Perfectum
Perfection.
Personalis actio
Personal action.
Piscandi
Fishing.
Plures candem rem in solidum possidere non possunt

Two persons cannot be in possession of the same thing at the same time. Plus valet unus oculatus testis quam auriti
decern. One eyewitness is more than ten hearsay witnesses.
Poly
Many.
Por /Pol
Forth, forward.
post
after; later
Post hoc ergo propter hoc

Future probe, after justice has been done, is useless.
Post mortem
After death.
Potentia /Potestas
Power.
Potentia copulandi
Potency/power to copulate.
Prµ / Pre
Before.
Prµcipe / Purshis
Submission, intimation.
139
Prµscriptio est titulus ex usus et tempore substantiam capiens ab auctoritate legis

Prescription is a title derived from use & time, taking substance from the authority of the law.
Prµsentia corporis tollit errorem nominis, et Veritas nominis tollit errorem demonstrationis
The presence of the body cures error in the name; the truth of the name cures error of description.
Prµsumptiones juris et de jure

Irrebuttable presumptions of law. Where one fact is recognised by law as sufficient proof of another fact, whether it is
in truth sufficient or not, such a legal presumption being a presumptio juris et de jure, constrains the Court to infer the
existence of one fact from the existence of another and such presumptions are conclusive in nature unlike the other
presumptions in law which are not conclusive.[ R. Sethurajan Vs. N.S. Krishna Setty MANU/KA/0829/2003]
Prµsumptiones juris sed non de jure

Rebuttable presumptions of law.
Prescription may be defined as

A title acquired by use or enjoyment had during the time and in the manner fixed by law. `Prescriptio est titulus ex
usu et tempore substantiam capiens ab authoritatelegis. [Patel Karshanbhai Bababhai Vs. Patel Bhaichandbhai
Khushalbhai MANU/GJ/0959/2001]
Preter
Beyond.
pretium affectionis
a price or value placed upon a thing owing to its owner's attachment to it
Prima facie
On the face of it.
Prima impressionis
On first impression.
Primus inter pares

First among equals.
Principalis debet semper executi antequam perveniatur ad fidei jussores

The principal should always be exhausted before coming upon the sureties.
Prior tempore, potier jure

He who is prior in time is preferred in law. Where a person purports to create by transfer at different times rights in or
over the same immovable property, and such rights cannot at all exist or be exercised to their full extent together; each
later created right shall, in the absence of a special contract or reservation binding the earlier transferees, be subject to
the rights previously created. The rule is founded in equitable doctrine qui prior est tempore potiorest jure. [Prapul
Chandra Mukpalkar & Anr. Vs. P. Ramachandra Reddy & Anr MANU/AP/0266/1998]
Privatio prµsupport habitum

A deprivation presupposes a possession.
Privatorum conventio juri publico non derogat

A private agreement does not derogate from the public right. When public policy requires the observance of the
provision, it cannot be waived by an individual. "Privatorum conventio juri publico non derogat". Private compacts are
not permitted to impair the integrity of a rule necessary for the common welfare. Any dispensation of the rights under a
social welfare legislation will be an entrenchment on the public policy or public right in contra-distinction to the benefit
and protection of the individual in his private capacity.[Hymavathi Vs. Spl. Dy. Tahsildar MANU/KE/0112/2006]
Privatum commodum publico cedit

Private good yields to public good. Court defined that "Privatum commodum publico cedit" ("private good yields to
public") and "Privatum incommodum publico bono pensatur" (Private loss is compensated for by public good) "Where
authority is given by the Legislature to do an act, parties damaged by the doing of it have no legal remedy, but should
appeal to the Legislature.[ Alexendra Jute Mills Pvt. Ltd. and Ors. Vs. State of West Bengal and Ors.
MANU/ST/0013/2005]
Privatum incommodum publico bono pensatur

Private individuals should suffer public welfare.
140
Privilegium non valet contra rem publicam

Privilege is of no force against the commonwealth. Even necessity does not excuse, where the act to be done is
against the commonwealth.
Pro
For, as, forth.
Pro bono publico

For the benefit of the public.
Pro confesso
For confessed; as confessed. A term applied to a bill in equity, and the decree founded upon it, where no answer is
made to it by the defendant.
Pro defendente
For the defendant.
Pro derelicto
As divided.
Pro donatio
As a gift; as in case of gift; by title of gift. A species of usucapion in the civil law.
Pro facto
As a matter of fact.
Pro forma
As a matter of form.
Pro hac vice

For this occasion.
Pro indefenso
As undefended.
Pro indiviso
As undivided.
Pro rata
In proportion.
pro re nata
as the occasion arises
Pro tanto
So far, to that extent.
Pro tem
For the time being, temporarily; provisionally.
Pro tempore
For the time being.
Probabilis causa
Probable cause. "Probable cause" may be defined to be an apparent state of facts found to exist upon reasonable
inquiry, (that is, such inquiry as the given case renders convenient and proper,) which would induce a reasonably
intelligent and prudent man to believe, in a criminal case, that the accused person had committed the crime charged,
or, in a civil case, that a cause of action existed.
probabilis causa litigandi

substantial grounds for participating in a trial
Probandi necessitas incumbit illi qui agit

The necessity of proving lies with him who sues. In other words, the burden of proof of a proposition is upon him who
advances it affirmatively.
Probatio mortua
Dead proof like a document; that is proof by inanimate objects, such as deeds or other written evidence.
141
probatio probata
a fact given in evidence which may not be contradicted
Probatio viva
Living proof ; that is, proof by the mouth of living witnesses.ö Proctor is one who manages the business of another on
the mandate or commission of his principal; an attorney.
Proferentem
Guarantor.
Propositus negotis societitis

Liable for all the negotiations with society at large, eg, partner.
Propria
Property.
Proprio vigore
By its own force.
Pros
Towards, in addition, advantages.
Prot / Proto
First, original.
Publici juris
Of public right.
Quµ accessionum locum obtinent extinguuntur cum principales res peremptµ fuerint
Things, which are incidents, are extinguished when the principals are extinguished.
Quµ longum debet esse rationabile tempus, non definitur in lege; sed pendet ex discretione justiciariorum
How long reasonable time ought to be is not defined by law, but depends on the discretion of the judge.
Quµ mala sunt inchoata in principio vix bona peraguntur

Things bad in principle at the commencement seldom achieve a good end.
Quadiu se bene gesserit

As long as he shall behave himself well.
Quaeitur
The question is raised.
quaere
consider whether it is correct
quaeritur
the question is raised
Quam lex generaliter loquitur, restringenda tamen est, ut, cessante ratione, ipsa cessat
Although a law speaks generally, yet it is to be restrained so that when its reason ceases, it shd cease also.
Quam vis aliquid per se non sit malum, tamen si sit mali exempli, non est faciendum
Although a thing may not be bad in itself, yet if it is of bad example it is not to be done.
Quando abest provisio partis, adest provisio legis

When the provision of the party is wanting, the provision of the law is at hand.
Quando aliquid mandatur, mandatur et omne per quod perventur ad illud

When anything is commanded, everything by which it can be accomplished is also commanded.
Quando aliquid prohibetur ex directo, prohibitur et per obliquum

When anything is prohibited directly, it is prohibited also indirectly.
142
Quando aliquid prohibetur, prohibetur et omne per quod devenitur ad illud

When anything is prohibited, everything by which it is reached is prohibited also. That which cannot be done directly
shall not be done indirectly.
Quando aliquis aliquid concedit, concedre videtur et sine quod res uti non potest
When a person grants anything, he is supposed to grant that also without which the thing cannot be used.
Quando charta continet generalem clausulam, posteaque descendit ad verba specialia quµ clausulµ generall
sunt consentanea, interpretanda est charta secundum verba specialia
When a deed contains a general clause & afterwards descends to special words which are agreeable to the general
clause, the deed is to be interpreted according to the special words.
Quando de una et eadem re duo onerabiles existunt, unus, pro insufficientia alterius, de integro onerabitur
When there are two persons liable for one & the same thing, one of them in case of default of the other shall be
charged with the whole.
Quando dispositio referri potest ad duas res ita quod secundum relationem unam vitietur, et secundum
alteram utilis sit, turn facienda est relatio ad illam ut valeat dispositio
When a disposition may refer to two things so that by the latter it wd be preserved, then the relation is to be made to
the latter, so that the disposition may be valid.
Quando diversi desiderantur actus ad aliquem statum perficiendum plus respicit les actum originalem
When different acts are required to the formation of any estate, the law chiefly regards the original act.
Quando duo jura in una persona concurrunt µquum est ac si essent in diversis
When two rights concur in one & the same person, it is the same as if they were in separate persons.
Quando jus domini regis et subditi concurrunt jus regis prµferri debet
When the right of king & subject concur, the kings right should be preferred.
Quando lex aliquid alicui concedit, conceditur et id sine quo res ipsa esse non potest
When the law gives a man anything, it gives him that also without which the thing itself cannot exist.
Quando lex aliquid alicui concedit, omnia incidentia tacite conceduntur

When the law gives anything to any one, all incidents are tacitly given.
Quando lex est specialis ratio autem generalis generaliter lex est intelligenda
When a law is special but its reason general, the law is to be understood generally.
Quando licet id quod majus, videtur et licere id quod minus

When the greater is allowed, the less is to be understood as allowed.
Quando mulier nobilis nupserit ignobilii desinit esse nobili nissi nobilitas nativa fuerit
When a noble woman marries a man not noble, she ceases to be noble, unless her nobility was born with her.
Quando plus fit quam fieri debet, videtur etiam illud fieri quod faciendum est
When more is done than ought to be done that at least shall be considered as performed which shd have been
performed.
Quando quod ago non valent ut ago, valeat quantum valere potest
When that which I do does not have effect as I do it, let it have as much effect as it can.
Quando res non valeat ut ago, valeat quantum potest

When thing is of no effect as I do it, it shall have effect as far as it can.
Quando verba et mens congrunt, non est interpretationi locus

When the words & the mind meet/agree, there is no place for interpretation.
Quando verba statuti sunt specialia, ratio autem generalis, generaliter statutum est intelligendum
When the words of a statute are special, but the reason or object of it general, the statute is to be construed
generally.
Quantum
How much, an amount.
Quantum damnificatus
How much should be the quantum of damages.
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Quantum meruit
As much as he merits.
Quantum valebat
As much as the goods are worth.
Qui
He who; how then; in what manner.
Qui accusal integµ famµ sit et non criminosus

Let him who accuses be of clear tame, & not criminal.
Qui acquirit sibi acquirit hµredibus

He who acquires for himself acquires for his heirs.
Qui adimit medium, dirimit finem

He who takes away the means destroys the end.
Qui aliquid statuerit, parte inaudita altera, µquum licet dixerit, haud µquum facerit
He who determines any matter without hearing both sides, though he may have said what is right, will not have done
what is right: Justice should not only be done but should appear to have been done: [Suryabali v VI ADJ 1989 All 179;
1989 ALJ 248.]
Qui approbat non reprobat

He who approbates cannot reprobate.
Qui bene distinguit, bene docet

He who distinguishes well teaches well.
Qui bene interrogat, bene docet

He who questions well teaches well.
Qui cadit a syllaba cadit a tota causa

He, who fails in a syllable, fails in his whole cause.
Qui concedit aliquid omne id sine qup concessio est irrita

He, who grants anything, grants everything without which the grant is fruitless.
Qui contemnit prµceptum contemnit prµcipientem

He, who contemns a command, contemns the party who gives it.
Qui cum alio contrahit, vel est, est esse debet non ignarus conditionis ejus
He, who contracts with another, either is, or ought to be, not ignorant of his condition.
Qui dat fine dat media ad finem necessaria

He, who gives an end, gives the means to that end.
Qui destruit medium destruit finem

He, who destroys the means, destroys the end.
Qui doit inheriter al pere doit inheriter al fitz

He, who would have been heir to the father, shall be heir to the son.
Qui evertit causam, evertit causatum futurm

He, who overthrows the cause, overthrows its future effects.
Qui ex damnato coitu nascuntur inter liberos non computentur

Those who are born of an unlawful intercourse are not reckoned among the children.
Qui facit per alium facit per se

He, who acts through another, acts himself.
Qui facit per alium, facit per se

He who acts through another acts himself.
Qui haeret in litera, haeret in cortice

He who stices to the letter, sticks to the bark.
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Qui in jure suo utitut, nemiui facit iujutiam

He who uses his legal right harms no one.
Qui in jus dominiumve alterius auccedit jure ejus uti debet

He who succeeds to the right of property of another ought to use his right subject to the same right & liabilities as
attached to it in the hands of the assignor.
Qui in utero est, pro jam nato habetur, quoties de ejus commodo quaeritur
He who is in the womb is considered as already born as far as his benefit is considered
Qui in utero est, pro jam nato habetur, quoties de ejus commondo quµritur
He who is in the womb is considered as born whenever his benefit is concerned.
Qui jussu judicis aliquod facerit non videtur dolo malo facisse, quia parere necesse est
Where a person does an act by command of one exercising judl authority, the law will not suppose that he acted from
any wrongful or improper motive because it was his bounden duty to obey.
Qui ligatur, eo dissolvitur

A thing is released by the same mode by which it is bound.
Qui molitur insidias in parriam id facit quod inasanus nauta perforans navem in qua vehitur
He who betrays his country is like the insane sailor who bores a hole in the ship which carries him.
Qui nascitur sine legitimo matrimonio matrem sequitur

He who is born out of lawful matrimony follows the condition of the mother.
Qui non habet potestatem alienandi, habet necessitatem retinendi

He who has not the power of alienating is under the necessity of retaining.
Qui non habet, ille non dat

He who has not, does not give.
Qui non improbat, approbat

He who does not disapprove, approves
Qui non libere veritatem pronounciat proditor est veritatis

He, who does not freely speak the truth, is a betrayer of the truth.
Qui non negat fatetur

He, who does not deny, admits.
Qui non obstat quod obstare potest facere videtur

He who does not prevent what he is able to prevent, is considered as committing the thing.
Qui non obstat quod obstare potest, facere videtur

He, who does not prevent which he can prevent, is considered to do it.
Qui non prohibet id quod prohibere potest, assentire videtur

He, who does not forbid what he is able to prevent, is considered to assent.
Qui non prohibet quod prohibere potest assentire videtur

He who does not prohibit when he is able to prohibit, is in fault.
Qui non propulsat injuriam quando potest infert

He, who does not repel an injury when he can, induces it.
Qui parcit nocentibus innocentibus punit

He, who spares the guilty, punishes the innocent.
Qui peccat ebrius lua sobrius

He, who sins when drunk, shall be punished when sober. Qui per alium facit per seipsum facere videtur; He, who
does a thing by an agent, is considered as doing it himself.
Qui peccat ebrius, luat sobrius

He who does wrong when drunk must be punished when sober.
Qui per fraudem agit frustra agit

What has been done fraudulently is in vain.
145
Qui potest et debet vetare et non vetat jubet

He who is able and ought to forbit and does not, commands.
Qui potest et debet vetare, jubet

He who can & ought to forbid a thing, & does not, commands it.
Qui prior est tempore potior est jure

He who is prior in time is stronger in right.
Qui providet sibi providet hµredibus

He, who provides for himself, provides for his heirs.
Qui sentit commodum sentire debet et onus, et e contra

He who receives the advantage ought also to suffer the burden.
Qui sentit commodum, debet et sentire onus

He who derives a benefit ought also to bear a burden.
Qui tacet consentire videtur

He who is silent appears to consent
Qui tacet non utique fatetur, sed tamen verum est eum non negare
He, who is silent, does not deny.
Quia
Because.
Quia timet
Fearing future possible injury.
Quicquid est contra norman recti est injuria

Whatever is against the rule of right is a wrong.
Quicquid judicis auctioritato subjicitur novitati non subjicitur

Whatever is subject to the authority of a judge is not subject to innovation.
Quicquid plantatur/fixatur solo, solo cedit

Whatever is planted on or fixed to the soil goes with the soil.
Quid
What.
quid juris
what is the law? (also quid iuris) (used often in exam questions)
Quid pro quo

Consideration. something for something
Quid sit jus, et in quo consistit injuria, legis est definire

What constitutes right, & what injury, it is the business of the law to declare.
Quidcquid plantatur solo, solo cedit

Whatever is planted in or affixed to the soil, belongs to the soil.
Quilibet ignem suum salve

Let each one guard his own fire.
Quilibet licet renunciare juri pro se introducto

Everyone has a right to waive & to agree to waive the advantage of a law or rule made solely for the benefit &
protection of the individual in his private capacity, which may be dispensed with without infringing any public right or
public policy. Where in an Act there is no express prohibition against contracting out of it, it is necessary to consider
whether the act is one which is intended to deal with private right only, or whether it is an Act which is intended as a
matter of public policy, to have a more extensive operation.[ Konsumex v Anand & Co1981 Cal 298-301]
Quilibet potest renunciare juri pro se introducto

If the object of a statute is not one of general policy, or if the thing which is being done will benefit only particular
person(s), the conditions prescribed by the statute are not considered as being indispensable.
146
Quo /Quod
That which; by/in what; how far.
Quo animo
With that mind.
Quo jure
By what right?
Quo modo
In what manner; in the same manner as.
Quo modo quid constituitur eodem modo dissolvitur

Anything is dissolved in the same manner by which it is constituted.
Quo warranto
A writ,
Quoad
With regard to; in relation to.
Quoad hoc
As to this; with respect to this; so far as this in particular is concerned.
Quod a quoque pµnµ nomine exactum est id eidem restituere nemo cogitur
That which has been exacted as a penalty, no one is obliged to restore.
Quod ab initio non valet, in tractu temporis non convalescit

What is not valid in the beginning does not become valid by time.
Quod ad jus naturale attinet omnes homines µquales sunt

All men are equal so far as the natural law is concerned.
Quod alias bonum et justum est, si per vim, vel fraudum petatur, malum et injustum efficitur
What otherwise is good &just, if it be sought by force & fraud, becomes bad & unjust.
Quod approbo non reprobo

One cannot approve & reject at the same time. One cannot take the benefit of an instrument & at the same time
repudiate it. One cannot approbate & reprobate.
Quod constat cruiµ opere testium non indiget

That which appears to the court needs not the aid of witnesses.
Quod constat curiae opere testium non indiget

What appears to the Court needs not the help of witnesses.
Quod contra rationem juris receptum est, non est producendum ad consequentias
That which has been recd against the reason of the law is not to be drawn into a precedent.
Quod cum
Whereas.
Quod cunque aliquis ob tutelam corporis sui facerit, jure id fecisse videtur
Whatever any one does in defence of his person, he is considered to have done it legally.
Quod dubitas ne feceris

What you doubt of, do not do.
Quod erat demonstrandum

which was to be demonstrated.
Quod est inconveniens aut contra rationem non permissum est in lege
Which is inconvenient or against reason is not permissible in law.
Quod est necessarium est licitum

That which is absolutely necessary is lawful.
147
Quod fieri non debet factum valet

What ought to be done avails when done.
Quod initio vitiosum est non potest tractu temopris convalescere

That which is void from the beginning cannot become valid by lapse of time.
Quod jussu alterius solvitur pro eo est quasi ipsi solutum esset
That which is paid by the order of another is the same as though it were paid to himself.
Quod necessarie intelligitur, id non deest

What is necessarily understood is not wanting.
Quod necessitas cogit defendit

That which necessity compels, it justifies.
Quod necessitas cogit, defendit

What necessity forces it justifies
Quod non apparet, non est

What does not appear, is not.
Quod non habet principium non habet finem

What has no beginning has no end.
Quod nota
Which note.
Quod nullius est, est domini regis

That which belongs to none belongs to the King.
Quod omnes tangit ab omnibus, debet supportari

That which touches or concerns all ought to be supported by all.
Quod per me non possum nee per alium

What I cannot do by myself, I cannot do by another.
Quod per me non possum, nec per alium

What I cannot do through myself, I cannot do through another.
Quod per recordum probatum non debet esse negatum

What is proved by record ought not to be denied.
Quod prius est verius est; et quod prius est tempore potius est jure
What is first is more true; and what is prior in time is stronger in law.
Quod recuperet
That he do recover.
Quod semel placuit in electionibus amplius displicere non potest

What a party has once determined in a case, where he has an election, cannot afterwards be disavowed.
Quod ultra
As to the rest.
Quod vanum et inutile est, lex non requirit

The law does not require what is vain and useless.
Quot homines, tot sententi

µ There are as many opinions as there are men.
Quotiens idem sermo duas sententias exprimit

ea potissimum accipiatur quµ, rei generendµ aptior est: Whenever the same language expresses two meanings, that
should be adopted which is the better fitted for carrying out the subject matter.
Quoties in verbis nulla est ambiguitas, ibi nulla expositio contra verba expressa fienda est
When there is no ambiguity in words, then no exposition contrary to the expressed words is to be made.
148
Quoties in verbis nulla est ambiguitas, ibi nulla expositio contra verba fienda est
When in the words there is no ambiguity, no exposition contrary to the words is to be made.
Quum de lucre duorum quaeratur, melior est causa possidentis

When the question is as to the gain of two persons, the title of the party in possession is better.
Quum in testamento ambigue aut etiam sic scriptum est, benigne interpretari est secundum id quod credible et
cogitatum, credendum est
When in a will an ambiguous or even an erroneous expression occurs, it should be construed liberally & in
accordance with what is thought the probable meaning of the testator.
Rat justitia ruat c£lum

Let justice be done, though the heaven should fall.
Rat prout fieri consuerit nil temere novandum

Let it be done as formerly; let no innovation be made rashly.
Ratihabitio mandato µquiparatur

Ratifiaction is equivalent to express command.The High Court rightly held that an act by a legally incompetent
authority is invalid. But it was entirely wrong in holding that such an invalid act could not be subsequently "rectified" by
ratification of the competent authority. Ratification by definition means the making valid of an act already done. The
principle is derived from the Latin maxim ratihabitio mandato aequiparatur, namely, "a subsequent ratification of an act
is equivalent to a prior authority to perform such act". Therefore ratification assumes an invalid act which is
retrospectively validated.ö[ Maj Gen D.L. Chowdhary Vs. Union of India and OthersMANU/AF/0122/2012 ]
ratio decidendi
the rule for which a stand as authority
Ratio est legis anima, mutata legis ratione mutatur et lex

Reason is the soul of the law; when the reason of the law changes the law also is changed
Ratio impertinents
An argument not pertaining to the question.
Ratio legis est anima legis

The reason of law is the soul of law.The rule of law upon the construction of all statues is to construe them according
to the plain, literal, and grammatical meaning of the words. But besides the fact that the language of statutes is not
always that which a rigid grammarian would use, it must be borne in mind that a statute consists of two parts, the letter
and the sense. "It is not the words of the law ...... but the internal sense of it that makes the law, and our law (like all
other) consists of two parts viz., of body and soul; the letter of the law is the body of the law, and the sense and reason
of the law is the soul of the law-quia ratio legis est anima anima legis". [Hyderabad Allwyn Ltd. Vs. The Addl. Industrial
Tribunal, Labour Court, Hyderabad and Anr. MANU/AP/0075/1989]
Ratio pertinens
A reason pertaining to the question.
Rationabilis
Reasonable.
Ratione
By reason; on account.
Ratione impotentiµ
On account of inability.
Ratione loci
By reason of place.
Ratione materiµ
By reason of the matter involved; in consequence of, or from the nature of, the subject matter.
Ratione privilegii
This term describes a species of property in wild animals, which consists in the right which, by a peculiar franchise
anciently granted by the English Crown, by virtue of its prerogative, one man may have of killing and taking such
149
animals on the land of another. In Halsburys Laws of England, III Edn; Volume 18, page 128 in para 262 under the
caption Property in and rights over games it has been said "The Law of England does not admit a right of absolute
property in game which belongs to a class of animals ferae naturae, but it does intervene to protect private interests in
game by limiting the right over it to certain classes of persons. These classes acquire their rights in one or other of two
ways--(1) ratione privilegii, that is, by special grant from the Crown; (2) ratione soil that is by virtue of ownership or
occupation of the soil........ the right of the occupier of the soil have been admitted and extended until at the present day
the right to kill and take game is recognised as being incidental to the occupation of land and the property in such
animals is therefore not absolute or actual, but qualified and potential......... [B. Nathmall Vaid Vs. State of Tamil Nadu
and Anr. MANU/TN/0302/1979]
Ratione soli
On account of the soil; with reference to the soil. Said to be the ground of ownership
Ratione, tenurµ
By reason of tenure; as a consequence of tenure.
Re
In the matter of.
Recedendum
Departure.
Receptor
Receiver; female: Receptrix.
Recidivism
Habitual relapse into crime. According to the Petitioners, recidivism, per se, cannot be the basis for sending a person
to gallows, and more so, in the context of the dictum of the Apex Court that even a second conviction for murder does
not automatically qualify it as a rarest of rare crime deserving capital punishment. It is the case of the Petitioners that a
repeat conviction for drug trafficking covered by Section 31-A of the Act resulting in a mandatory death sentence is
unduly harsh and excessive, for which reason, it falls foul of the principle of proportionality under Article 14, read with
Article 6 (2) of the ICCPR. [Indian Harm Reduction Network Vs. The Union of India & Othrs MANU/MH/0822/2011]
Recordasunt vestigia vetustatis et veritatis

Records are the traces of antiquity & of truth.
Rectaeration
Right reason.
Recti
Right.
Red
Back, again.
Reddendo singula singulis

Reddendo singula singulis, the method of con-struction applied in such a sentence as this, If any one shall draw or
load any sword or gun; the word draw is applied to sword only, and the word load to gun only, the former verb to the
former noun, and the latter to the latter, because it is impossible to load a sword or draw a gun; and so of other
applications of different sets of words to one another.
Reductio ad absurdum
Reductio ad absurdum, the method of disproving an argument by showing that it leads to an absurd consequence.
Refectio
Repair; reparation; as, of a way etc.
Referendo singula singulis

Referring separate words to separate subjects; making a distributive reference of words in an instrument; construing
distributively.
Regnun
Realm.
Remoto impedimento emergit actio

An impediment being removed, an action emerges.
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Reprobata pecunia leberat solventem

Money refused releases the debtor
Reprobata pecunia liberat solventem

Money refused frees the debter
Res
All physical and metaphysical existences, in which persons may claim a right.
Res accesoria
An accessory thing; that which belongs to a principal thing or is in connection with it.
Res accesoria sequitur rem principalem

An accessory thing follows the principal thing.
res communes
things in their nature incapable of appropriation, such as light and air
Res controversa
A matter controverted; a matter in controversy; a point in question; a question for determination.
Res coronµ
Things of the crown; such as ancient manors, homages of the king, liberties, etc.
Res corporales
Corporeal things; things which can be touched, or are perceptible to the senses.
Res denominator a princi paliori parte

A thing is named from its more principal part.
Res derelicta
Abandoned property; property thrown away or forsaken by the owner, so as to become open to the acquisition of the
first taker or occupant.ö
Res fungibiles
Fungible things; things of such a nature that they can be replaced by equal quantities and qualities when returning a
loan or delivering goods purchased, for example, so many bushels of wheat or so many dollars; but a particular horse
or a particular jewel would not be of this character.
Res furtivµ
Goods which have been stolen.
Res gestae
Things done.
Res immobiles
Immovable things; including land and that which is connected therewith, either by nature or art, such as trees and
buildings.
Res integra
A matter untouched (by decision).
Res inter alios

A thing done between others, or between third parties or strangers.
Res inter alios acta alteri nocere non debet

Things done between strangers ought not to affect a third person, who is a stranger to the transaction.
Res inter alios acta nemini nocere debent sed prodesse possunt
Things done between others ought to injure no one but may benefit.
Res ipsa loquitur

The matter (which) speaks for itself. a phrase used in actions for injury by negligence where no proof of negligence is
required beyond the accident itself, which is such as necessarily to involve negligence;
res iudicata
a question decided by competent legal proceedings, which cannot again be raised (also res judicata)
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Res judicata
Res judicata, a final judgment already decided between the same parties or their privies on the same question by a
legally constituted Court having jurisdiction is conclusive between the parties, and the issue cannot be raised again.
Res judicata accipitur pro veritate

A thing adjudged is accepted for the truth.
Res judicata aliis son abest

A matter adjudged between strangers creates no prejudice against other persons.
Res judicata pro veritate accipitur

A matter adjudged is taken for truth. A matter decided or passed upon by a court of competent jurisdiction is received
as evidence of truth.
Res loquitur
The thing speaks for itself.
Res mobiles
Movable things.
Res nova
A new matter. Res nullius; The property of nobody. A thing which has no owner, either because a former owner has
finally abandoned it, or because it has never been appropriated by any person, or because (in the Roman law) it is not
susceptible of private ownership.
res noviter veniens ad notitiam

information newly discovered, sometimes justifying the admission of new matter in a case, or a new trial
Res nulis
Nobody s property
res nullius
a thing which never had an owner or which had, but lost its owner
Res privatµ
Things belonging to individuals.
Res publicµ
public things: Things that cannot be individually owned because they belong to the public, such as the sea, navigable
waters, and highways.
Res publica
The republic.
res publicae
things in which the property resides in the state alone, like navigable rivers and highways
Res quotidianµ
Res quotidianae, means every day matters; familiar points or questions.
Res religiosµ
Res religiosae, means religious things, especially, burial places,
Res sacra non recipit µstimationem

A sacred thing does not admit of valuation.
Res sacre
Things consecrated to the service of God.
Res sub judice

Matters pending judicial inquiry.
Res transit cum suo onere

The thing passes with its burden; where a thing has been incumbered by mortgage, the incumberence follows it,
wherever it goes.
res universitatis
things belonging to a corporation, whose use is common to the members
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Residue
Residue, the surplus of a testators or intestates estate after discharging all his liabilities. Unless it appear in the will
that the executor was intended to have the residue, he will be deemed to be trustee for the next of kin. The distribution
of the surplusage of an intestates estate was provided for by the Statute of Distribution. Something that is left over after
a part is removed or disposed of; a remainder.
Residuum
Which remains; a residue,
Resolutio jure concedentis, resoluitur jus concessum

Where the right of the grantor is extinguished, the right granted is extinguished.
Respondeat superior
Let the principal answer
Responsa prudentium
Answers of the learned in the law, the opinions and decisions of learned lawyers, forming part of the Roman laws.
Responsio
Answer.
restitutio in integrum
restoration to the original position or condition
Restitutio in intergram
Restoration to the previous position. By this is meant that the law will endeavour, so far as money can do it, to place
the injured person in the same situation as if the contract had been performed, or in the position he occupied before the
occurrence of the tort which adversely affects him. The principle applies equally to breaches of contract as it does to
trust.
Retro
Backward.
Rex
King. The king regarded as the party prosecuting in a criminal action; as in the form of entitling such actions, "Rex Y.
Doe."
Rex debet esse sub lege, quia lex facit regem

The king ought to be under the law, because the law makes the king.
Rex est major singulis, minor universis

The King is greater than individuals, less than all the people.
Rex non debet esse sub homine, sed sub doe et lege
The king ought to be under no man, but under God and the law, because the law makes a king.
Rex non debet judicare sed secundum legem

The King ought not to judge but according to the law.
Rex non potest peccare

The King can do no wrong
Rex nunquam moritur

The king never dies.
Rex nunquma moritur

The King never dies.
Rex quod injustum est facere non potest

The King cannot do what is unjust
Rien
Nothing.
Rien culpa
Not guilty.
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Rigor mortis
In medical jurisprudence. Cadaveric rigidity; a rigidity or stiffening of the muscular tissue and joints of the body, which
sets in at a greater or less interval after death, but usually within a few hours, and which is one of the recognized tests
of death.
Salus populi est suprema lex

The safety of the people is the supreme law.
Sancta
Sacred, holy.
Sangfroid
Calmness amid trying circumstances.
Sciens
Knowingly.
Scienter
Knowingly
Scire facias
That you cause to know.
Scire proprie est rem ratione et per causam cognoscere

To know properly is to know a thing in its reason & by its cause. Secundum According to.
Scribere est agere

To write is to act.
Se defendendo
In self defence.
Secundum µquum et bonum

According to what is just & good.
Secundum allegata et probata

According to what is alleged & proved. Relief can be granted when there are pleadings, prayer & proof but this
principle of variance between pleading & proof & relief is not applicable when the other party has not been taken by
surprise.
Secundum naturam, norman legis

According to nature/the rule of law.
Secundum subjectam materiam

According to the subject matter.
Secus
The legal position is different, it is otherwise.
Semper in dubiis benigniora prµferenda

In doubtful cases, the more favourable construction is to be preferred.
Semper in obscuris quod minimum est sequimur

In things obscure we always follow the least obscure.
Semper ita fiat relatio, ut valeat dispositio

Preference should always be so made that the disposition may have effect.
Semper paratus
A plea of the deft that he was always willing to fulfil his part of the obligation.
Semper prµsumitur pro legitimatione puerorum

The presumption always is in favour of the legitimacy of childern.
Semper praesumitur pro legitimatione puerorum

Everything is presumed in favor of the legitimacy of children.
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Semper praesumitur pro matrimonio

Presumption is always in favour of the validity of the marriage.
Semper pro matriomonio praesumitur

It is always presumed in favor of marriage.
Semper qui non prohibet pro se intervenire, mandare creditur

He who does not prohibit the intervention of another in his behalf is supposed to authorize it.
Semper specilia generalibus insunt

Generalities include specialities.
Sensus verborum est anima legis

The meaning of the word is the spirit of the law.
Sententia
Sense, meaning; sentence, decree.
Sententia facit jus, et legis interpretatio legis vim obtinet

Judicial opinion makes law, & the interpretation of law obtains the force of law.
Sententia interlocutoria revocari potest, definitiva non potest

An interlocutory order can be revoked, a final order cannot be.
Sententia legis
Intention of the legislature.
Sequi / Sequitur
Follow.
Sequi debet potentia justitiam, non prµcedere

Power should follow justice, not precede it.
Sermo
Sermon, Speech.
Sermo index animi

Speech is the index of the mind.
Servitia personalia sequuntur personam

Personal services follow the person
Servitus non ea natura est, ut aliquid faciat quis, sed ut aliquid patiatur aut non faciat
The nature of an easement is not that one should do anything, but that one should suffer or refrain from doing
something.
Servitus servitutis esse non potest

There cannot be an easement on/of an easement.
Si in aere non habeat, in pelle luat

If a man has no money, he must pay in his skin: if a man cannot pay his fine, he must go to prison.
Si non appareat quid actum est, in contractibus veniunt ea quae sunt moris et consuetudinis in regione in qua
actum est
If it be not clear what has been done, the custom & usage of the place in which the transaction took place may be
applied in explanation of the contract.
Si nulla sit conjectura quµ ducat alie, verba intelligenda sunt ex proprieta non grammatica quµ est ex origine,
sed populari ex usu
If there be no conjecture which leads to a different result, words are to be understood not according to their strict
grammatical & etymological meaning but in the popular & ordinary sense.
Si quid universitati debetur singulis non debetur, nec quod debet universitas singuli debent
If any thing is due to a corporation, it is not due to the individual members of it nor do the members individually owe
what the corporation owes.
155
Si quis in nomine, cognomine, prµnomine legatarii erraverit si de persona constat, nihilominus valet legatum
If one should have made a mistake in the nomen, cognomen or praenomen of a legatee, if it be clear as to the
person intended, the legacy is nevertheless valid.
Sic utere tuo ut alienum non laedas

So use your own as not to injure another s property.
Silent leges inter arma

Laws are silent amid arms.
Simplex commendatio non obligat

A simple recommendation does not bind
Sine
Without.
Sine anno
Without date.
sine die
indefinitely
Sine parol
Without issue.
sine qua non

an indispensable condition
Sno jure
In ones own right.
socius criminis
accomplice in crime
solatium
damages given by way of reparation for injury to feelings
Solo
Land.
Solo cedit, quod solo implantatur

What is affixed to the soil belongs to the soil.
Solutio
Satisfaction or discharge of an obligation in any mode.
Solutio indebiti
Payment of what is not due; payment by mistake of money not due.
Sortitio
Drawing of lots.
Spes
Expectation, Hope.
Spes accrescendi
Hope of surviving.
Spes successionis
Expectation/hope of succession.
Spoliator
A despoiler; disseisor; a destroyer.
Spoliatus debet ante omnia restitui

The party dispossessed ought first of all to be restored.
156
Stabitur prµsumptioni donec probetur in contrarium

The presumption shall stand until it be proved to the contrary.
Stare decisis
To stand by decisions (precedents).
Stare decisis et non movere quieta

Adhere to the decision & do not unsettle things which are settled. The principle is that where a rule has become a
settled law, it is to be followed although some possible inconvenience may flow from a strict observance of it, or
although a statisfactory reason is wanting, or although the principle & the policy of the rule may be questioned.
status quo
the existing state of affairs
Statutum generaliter est intelligendum quando verba statuti sunt specialia, ratio autem generalis
A statute is to be generally interpreted, although the words be special if the purpose be general.
Stet
Do not delete, let it stand
Strictissimi juris
Statutory bar of jurisdiction.
Stricto sensu
In strict sense.
Sub modo
Within limits.
Sub nomine
Under the name of.
Sub silentio
In silence.
Sublata causa, tollitur effectus

The cause being removed, the effect ceases
Sublato fundamento, cadit opus

The foundation being removed, the structure falls.
Subsequens matrimonium tollit peccatum praecedens

A subsequent marriage removes the preceding wrong.
Suggestio falsi
The suggestion of something which is untrue
Sui
Self.
Sui generis
Unique.
Summa ratio est quae pro religione facit

The highest reason is that which makes for religion, i.e. religion dictates.
Sunt
Are.
Suo loco
In ones own rightful place.
Suo motu
Of ones own motion.
Superficies solo cedit

Whatever is attached to the land forms part of it.
157
Supplicatio
Rejoinder.
Suppressio veri
The suppression of the truth.
Suppressio veri expressio falsi

A suppression of truth is equivalent to an expression of falsehood.
supra
above; earlier
Suprema
Supreme.
Suspicio probablis
Doubtful probability.
Tabula in naufragio
A plank in a shipwreck used to denote the power of the third mortgagee, who having obtained his mortgage without
any knowledge of a second mortgage could acquire the first encumbrance & squeeze out & have satisfaction before the
second.
Tacita quaedam habentur pro expressis.

Things silent are sometimes considered as expressed.
Talis interpretatio semper fienda est ut, evitetur absurdem et inconveniens, et ne judicium sit illusorium
Talis interpretatio semper fienda est, ut evitetur absurdum et inconveniens, et ne judicium sit illusorium, interpretation
is always to be made in such a manner that what is absurd and inconvenient may be avoided, and that judgment may
not be illusory.
Talis interpretatio semper fienda est, ut evitetur absurdum, et inconveniens, et ne judicium sit ill
Interpretation is always to be made in such a manner, that what is absurd and inconvenient is to be avoided, so that
the judgment be not nugatory.
Talis non est eadem, nam nullum simile est idem.

What is like is not the same, for nothing similar is the same.
Talis non est eadem, nam nullum smilie est idem

What is like is not the same, for nothing similar is the same.
Talis qualis
Such as it is
Tantum bona valent, quantum vendi possunt.

Things are worth what they will sell for.
Terminus a quo
The starting point.
Terminus ad quern
The terminal point.
Terminus annorum certus debet esse et determinatus.

A term of years ought to be certain and determinate.
Terrµ dominium finitur, ubi finitur armorum vis

Dominion of the land ends where the power of the army ends, also known as Cannon shot rule
Terra
Land.
Terra culta
Tilled or cultivated land.
158
Terra excultabilis
Terra excultabilis, land which may be ploughed.
Terra firma
Solid ground.
Terra nova
land newly converted from wood ground or arable.
Terra testamentalis
Land by charter or writing; hoc-land.
Terra transit cum onere

Land passes with the encumbrances.
Terra transit cum onere.

Land passses with the incumbrances.
tertius
third party
test
test
Test word
This is supposed to be the test word
Testamenta latissimam interpretationem habere debent

Wills ought to have the broadest interpretation. Testamentum A will a disposition of property, made in contemplation
of death.
Testamenta latissimam interpretationem habere debent.

Wills ough to have the broadest interpretation.
Testamentum omne morte consumatum.

Every will is completed by death.
Testamentum omne morte consummatum

Every will is completed by death.
Testatoris ultima voluntas est perimplenda secundum veram intentionem suam

The last will of a testator is to be thoroughly fulfilled according to his real intention.
Testatoris ultima voluntas est perimplenda secundum veram intentionem suam.

The last will of a testator is to be fulfilled according to his real intention.
Testes ponderantur non numerantur

Witnesses are weighed, not numbered
Testibus deponentibus in pari numero dignioribus est credendum.

When the number of witnesses is equal on both sides, the more worthy are to be believed.
Testimoignes ne poent testifie le negative, mes laffirmative

Witnesses cannot testify to a negative; they must testify to an affirmative.
Testimonia ponderanda sunt, non enumeranda

Proofs are to be weighed, not numbered.
Testis
Witness.
Testis corruptus
Corrupt witness.
Testis de visu prµponderat aliis

An eyewitness is of more weight than others.
159
Testis de visu praeponderat aliis.

An eye witness outweighs others.
Testis incertus
A doubtful witness; a witness who testifies from hearsay.
Testis inimicus
An unfriendly witness.
Testis juratus
A sworn witness.
Testis nemo in su caus esse potest.

No one can be a witness in his own cause.
Testis nemo in sua causa esse potest

No one can be a witness in his own cause.
Testis oculatus unus plus valet quam auriti decem.

One eye witness is worth ten ear witnesses.
Testis oculatus unus plus valet quam auriti decern

One eyewitness is worth more than ten earwitnesses.
Thesaurus non competit regi, nisi quando nemo scit qui abscondit thesaurum
Treasure does not belong to the king unless no one knows who hid it.
This doctrine is applied where the transaction in question itself was based on fraud committed by the plaintiff
[Rajaram v Daulatram 1980 All 161 per KM Dayal J on 18.1.80. Qadir Baksh v Hakam 1932 Lah 503 FB & Vilayat
Hussain v Misran 1923 All 504]
Timores vani sunt aestimandi qui non cadunt in constantem virum.

Fears, which have no fixed persons for their object, are vain.
Titius semper est errare µquitando quam in puniendo, ex parte misericordiµ quam ex parte justitiµ
It is always safer to err in acquitting than in punishing, on the side of mercy than that of strict justice.
Titulus est justa causa possidendi id quod nostrum est

Title is the just cause of possessing that which is ours. the definition of "title" as given in Jowitts Dictionary of English
Law, Vol. 2, at page That definition is as follows:- general head, comprising particulars, as in a book; an appellation of
honour or dignity; the means whereby the owner of lands has the just possession of his property, From this definition
the learned Advocate General urged that the emphasis was on possession and that, therefore, a person having
possession of land should be deemed to be a person having the highest title therein. We are afraid, the definition does
not justify this contention. The definition only says that title means "the means whereby the owner of lands has the just
possession of his property". In other words, the emphasis is upon the word "owner" and possession is only one of the
important incidents of ownership. When a person is the owner of a land, he may or may not have the actual possession
thereof. In case he has not got actual possession, the word "title" would mean the means whereby he would get such
possession. In other words, the owner of a land must have a right to obtain possession thereof at some time or the
other. [The Collector of Bombay Vs. Khatizabai Dharsi Somji Dossa MANU/MH/0171/1961]
Tolidem verbis
In accordence with the set words used in a section.
Tollitur omnis obligatio solutione ejus quod debitur

Every obligation is dissolved by the payment of what is due.
Tonte exception non surveill e tend prendre la place du principe.

Every exception not watched tends to assume the place of the principle.
Totum prµfertur unicuique parti

The whole is preferable to any single part.
Totum prefertur uni cuique parte.

The whole is preferable to any single part.
Tout
tout means a person who procures, in consideration of any remuneration moving from any Advocate or from any
person on his behalf, the employment of such Advocate in any legal business, or who proposes to any Advocate to
160
procure, in consideration of any remuneration moving from such Advocate or from any person on his behalf, the
employment of the Advocate in such business, or who for purposes of such procurement frequents the precincts of the
Court. [In re Sant Ram AIR 1960 SC 932: (1960) 3 SCR 499. MANU/SC/0052/1960]
Tout ce que la loi ne defend pas est permis

Everything is permitted which is not forbidden by law.
Tout ce que la loi ne defend pas est permis.

Everything is permitted, which is not forbidden by law.
Toute exception non surveillee tend a prendre la place du principle

Every exception not watched tends to assume the place of the principle.
Tractent fabrilia fabri.

Let smiths perform the work of smiths.
Traditio
Delivery.
Traditio calvium
Delivery of the keys; symbolical delivery.
Traditio loqui chartam facit

Delivery makes a deed speak
Traditio loqui facit chartam.

Delivery makes the deed speak.
Traditio loqui facit chartum

Delivery makes the deed speak.
Traditio nihil amplius transferre debet vel potest ad eum qui accipit, quam est apud eum qui tradit
Delivery cannot & ought not to transfer to him who receives more than was in possession of him who made the
delivery.
Transgressione multiplicata, crescat paena inflictio.

When transgression is multiplied, let the infliction of punishment be increased.
Transgressione multiplicata, crescat poenµ inflictio

When transgression is multiplied, let the infliction of punishment be increased.
Transit terra cum onere

The land passes with its burden
Triatio ibi semper debet fieri, ubi juratores meliorem possunt habere notitiam.
Trial ought always to be had where the jury have the best knowledge.
Trupis est pars quae non convenit cum suo toto.

That part is bad which accords not with the whole.
Trustee de son tort

Trustee de son tort is a person who, of his own authority enters into the possession or assumes the management of
property, which belongs beneficially to another
Tu quo que
Answer made to a charge by accusing the accuser of the same thing.
Turpe arbiter
Corrupt judge.
Turpe causa
A base or immoral cause.
Turpe contractus
An immoral or iniquitous contract.
Turpe est para quae non convenit cum suo toto

That part is bad which does not accord with the whole.
161
Turpe persona
An infamous person.
Turpe/ Turpis
Base, immoral, unlawful.
Tuta est custodia quae sibimet creditur

That guardianship is secure which trusts to itself alone.
Tuta est custodia quae sibimet creditur.

That guardianship is secure which trusts to itself alone.
Tutela
Tutelage.
Tutela erratur ex parte mitiori

It is safer to err on the side of mercy.
Tutela legitima
Tutelage created by act of law.
Tutela testamentaria
Testamentary tutelage or guardianship.
Tutius erratur ex parte mittioro.

It is safer to err on the side of mercy.
uberrima fides
the utmost good faith
Ubi
Where, when.
Ubi aliquid conceditur, conceditur et id sine quo res ipsa esse non potest
When anything is conceded that also is conceded without which the thing conceded cannot exist.
Ubi aliquid impedifur propter unum eo remoto, tollitur impedimentum

When anything is impeded by one single cause, if that be removed the impediment is removed.
Ubi aliquid impeditur propter unum, eo remoto, tollitur impedimentum.

When anything is impeded by one single cause, if that be removed the impediment is removed.
Ubi cessat remedium ordinarium ibi decurritur ad extraordinarium.

When a common remedy ceases to be of service, recoruse must be had to an extraordinary one
Ubi cessat remedium ordinariunt ibi decuritur ad extraordinarium

When a common remedy ceases to be of service, recourse must be had to an extraordinary one.
Ubi culpa est ibi paena subesse debet.

Where there is culpability, there punishment ought to be.
Ubi culpa est, ibi pµna subesse debet

Where a crime is committed, there the punishment should be inflicted.
Ubi damna dantur, victus victori in expensis condemnari debet

Where damages are given, the losing party should be adjudged to pay the costs of the victor.
Ubi damna dantur, victus victori in expensis condemnari debet.

Where damages are given, the losing party should pay the costs of the victor.
Ubi eadem ratio ibi idem jus, et de similibus idem est judicium
When there is the same reason, then the law is the same, and the same judgment should be rendered as to similar
things.
162
Ubi eadem ratio ibi idem lex, et de similibus idem est judicium
Where there is the same reason, there is the same right, & of things similar, the judgment is similar.
Ubi eadem ratio, ibi idem lex.

Where there is the same reason, there is the same law.
Ubi est-forum, ibi ergo est jus

The law of the forum governs.
Ubi factum nullum ibi sortia nulla.

Where there is no deed committed, there can be no consequence.
Ubi factum nullum, ibi fortia nulla

Where there is no fact, there can be no force.
Ubi jus ibi remedium

Where there is a right, there is a remedy. It is not palatable to our jurisprudence to turn down the prayer for high
prerogative writs, on the negative plea of alternative remedy since the root principle of law married to justice is ****: Shiv
Shankar Dal Mills v St of Har 1980 SC 1037-8 per VR Krishna Iyer J on 9.11.79. See Hill Rule & Tahera v
Shanmugham 1987 AP 206-11.
Ubi jus ibi remedium est

Where there is a right there is a remedy.
Ubi jus incertum, ibi jus nullum

Where the law is uncertain, there is no law.
Ubi jus incertum, ibi jus nullum.

Where the law is uncertain, there is no law.
Ubi jus, ibi remedium.

Where there is a right, there is a remedy.
Ubi lex aliquem cogit ostendere causam, necesse est quod causa sit justa et letitima.
Where the law compels a man to show cause, the cause ought to be just and legal.
Ubi lex aliquem cogit ostendere, causam, necesse est quod causa sit justa et legitima
Where law compels to show cause, it is necessary that the cause be just & legal.
Ubi lex est specialis, et ratio ejus generalis generaliter accipienda est
Where the law is special & the reason of it is general, it ought to be taken as being general.
Ubi lex est specialis, et ratio ejus generalis, generaliter accipienda est.
Where the law is special and the reason of it is general, it ought to be taken as being general.
Ubi lex non distinguit nec nos distinguere debemus

Where the law does not distinguish, we ought not to distinguish.
Ubi lex non distinguit, nec nos distinguere debemus.

Where the law does not distinguish, we ought not to distinguish.
Ubi major pars est, ibi to turn

Where there is the greater part, there is the whole.
Ubi major pars est, ibi totum.

Where is the greater part, there is the whole.
Ubi matrimonium, ibi dos

Where there is marriage, there is dower.
Ubi non adest norma legis, omnia Quasi pro suspectis habenda sunt
When the law fails to serve as a rule, almost everything ought to be suspected.
Ubi non adest norma legis, omnia quasi pro suspectis habenda sunt.
When the law fails to serve as a rule, almost everything ought to be suspected. Bacon,
Ubi non est condendi auctoritas, ibi non est parendi necessitas.
Where there is no authority to enforce, there is no authority to obey.
163
Ubi non est condendi auctoritas, sic non est parendi necessitas
Where there is no authority to establish, there is no necessity to obey.
Ubi non est directa lex, standum est arbitrio judicis, vel procedendum ad similia.
Where there is no direct law, the opinion of the judges ought to be taken, or reference made to similar cases.
Ubi non est lex, ibi non est transgressio quoad mundum
Where there is no law, there is no transgression as it regards the world.
Ubi non est lex, non est transgressio quoad mundum.

Where there is no law there is no transgression, as it regards the world.
Ubi non est manifesta injustitia judices habentur pro bonisviris, et judicatum pro veritate
Where there is no manifest injustice, the judges are to be regarded as honest men, & their judgments as truth.
Ubi non est principalis, non potest esse accessorius

Where there is no principal, there can be no accessory.
Ubi nulla est conjectura quµ ducat alio, verba intelligenda sunt ex proprietate non grammatica sed populari ex
usu
Where there is no inference which would lead in any other direction, words are to be understood according to their
proper meaning, not grammatical, but according to popular usage.
Ubi nulla subest causa propter conventionem

Where there is no consideration for the promise of undertaking by one of the contracting parties, there is no
obligation incurred.
Ubi nullum matrimonium ibi nulla dos est

Where there is no marriage, there is no dower.
ubi nullum matrimonium ibi nullum dos.

Where there is no marriage there is no dower.
Ubi nullum matrimonium, ibi nulla dos es

Where there is no marriage, there is no dower.
Ubi periculum, ibi et lucrum collocatur

He at whose risk a thing is, should receive the profits arising from it.
Ubi periculum, ibi et lucrum collocatur.

He at whose risk a thing is, should receive the profits arising from it.
Ubi pugnantia inter se in testamento juberentur, neutrum ratum est

When two directions conflicting with each other are given in a will, neither is held valid.
Ubi qnis delinquit ibi punietur

Let a man be punished where he commits the offence.
Ubi quid generaliter conceditur, in est haec exceptio, si non aliquid sit contra jus fasque.
Where a thing is concealed generally, this exception arises, that there shall be nothing contrary to law and right.
Ubi quid generalitur conceditur, inest hµc exceptio, si non aliquid sit contra jus fasque
Where a thing is granted in general terms, this exception is present that there shall be nothing contrary to law & right.
ubi quis delinquit ibi punietur.

Let a man be punished when he commits the offence.
Ubi remedium, ibi jus

Where there is a remedy, there is a right.
Ubicunque est injuria, ibi damnum sequitur.

Whereever there is a wrong, there damages follow.
Ubiquity
Existence everywhere at the same time; omnipresence.
164
Ultima
Last.
Ultima ratio
Final argument; last resort.
Ultima voluntas
The last will.
Ultima voluntas testatoris est perimplenda secundum veram intentionem suam

The last will of a testator is to be fulfilled according to its true intention.
Ultima voluntas testatoris est perimplenda secundum veram intentionem suam.

The last will of a testator is to be fulfilled according to his true intention.
Ultimo
In the last month.
Ultimum
The extreme.
ultimum refugium
last resort
Ultimum supplicium
The extreme punishment; the punishment of death.
ultimus haeres
last heir; the Crown inherits as last heir for want of other heirs
Ultra
Excessively.
Ultra petitia
Beyond things demanded; a term applied to a judgment or decree for more than what the pltf asked.
Ultra posse non est esse, et vice versa.

What is beyond possibility cannot exist, and the reverse, what cannot exist is not possible.
Ultra posse non potest esse et vice versa

What is beyond possibility cannot exist & what is possible can exist.
Ultra valorem
Beyond the value.
Un ne doit prise advantage de son tort demesne

One ought not to take advantage of ones own wrong.
Una persona vix potest supplere vices duarum

One person can scarcely supply the place of two.
Una persona vix potest supplere vices duorum.

One person can scarcely supply the place of two.
Una voce
With one voice; unanimously.
Uniuscujusque contractus initium spectandum est et causa

The beginning & cause of every contract must be considered.
Universalia sunt notoria singularibus

Things universal are better known than things particular.
Universalia sunt notoria singularibus.

Things universal are better known than things particular.
165
Universitas vel corporatio non dicitur aliquid facere nisi id sit collegialiter deliberatum, etiamsi
An university or corporation is not said to do anything unless it be deliberated upon collegiately, although the majority
should do it.
Universitas vel corporatio non dicitur aliquid facere nisi id sit collegialiter deliberatum, etiamsi major pars id
faciat
A university or corporation is not said to do anything unless it be deliberated upon as a body although the majority
shd do it.
Uno absurdo dato, infinita sequuntur

One absurdity being allowed, an infinity follows.
Uno absurdo dato, infinita sequuntur.

One absurdity begin allowed, an infinity follow.
uno flatu
at the same moment; with one breath
Unumquodque dissolvatur eo modo quo colligatur.

Everything is dissolved by the same mode in which it is bound together.
Unumquodque dissolvitur eodem ligamine quo ligatur

Everything is dissolved by the same mode by which it is bound together.
Unumquodque eodem modo quo colligatum est dissolvitur.

In the same manner in which a thing is bound, it is loosened.
Unumquodque est id quod est principalius in ipso

That which is the principal part of a thing is the thing itself. Unumquodque ligamen dissolvitur eodem ligamine quo et
ligatur. Every obligation is dissolved in the same manner in which it is contracted.
Unumquodque est id quod est principalius in ipso.

That which is the principal part of a thing is the thing itself.
Unumquodque principiorum est sibimet ipsi fides et perspicua vera non sunt probanda
Every principle is its own evidence, & plain truths are not to be proved.
Usus est dominium fiduciarium

A use is a fiduciary ownership.
Ut poena ad paucos, metus ad omnes perveniat

Punishment may happen to a few, the fear of it affects all.
Ut res magis Valeat quam pereat

It is better to validate a thing than to invalidate it; better the act prevail than perish lest the intention of the legislature
may go in vain or be left to evaoprate into thin air.
Ut res magis valeat quam pereat.

That the thing may rather have effect than be destroyed.
Ut res valeat potius quam pereat

The Court would avoid that construction which would fail to relieve the manifest purpose of the legislation of the
presumption that the legislature would enact only for the purpose of bringing about an effective result. Statute is
construed so as to make it effective and operative as per the principle expressed in ut res valeatpotius quam pereat.
There is, therefore, a presumption that the Legislature does not exceed its jurisdiction and the burden of establishing
that the Act is not within the competence of Legislature or that it has transgressed other constitutional mandates, such
as those relating to fundamental rights, is always on the person who challenges its vagaries. [K.B. Nagur M.D. (Ayu.)
Vs. Union of India (UOI) MANU/SC/0154/2012]
Uti
To use; to use for necessary purposes.
Uti furi
To use & enjoy a thing without damage to its substance.
Uti possidotis
As you possess.
166
Uti rogus
As you ask.
Uti utile per inutile non vitiatur

That which is useful is not rendered useless by that which is useless.
Utile per inutile non vitiatur.

What is useful is not vitiated by the useless.
Uxor
Wife
Uxor non est sui juris sed sub potestate viri

A wife has no power of her own, but is under the governance of her husband.
Uxorial
Pertaining to the wife.
Uxoricide
One who kills his wife, the killing of wife.
Uxorious
Excessively fond of ones wife.
Vacantia bona
Goods unclaimed or without an owner; goods escheated.
Vacatio
Exemption or immunity; exemption from the burden of office.
Vade mecum
(Go with me) A constant companion.
Vadiare
To gage; to wage; to give security.
Vadiatio
Wager.
Vadium
Security to do some act.
Vadium mortuum
A deed of mortgage.
Vadium vivum
A pledge of property to be held until the profits are paid off the debt.
Vagabundum nuncupamus cum qui nullibi domicilum contraxit habitationis

We call him a vagabond who has acquired nowhere a domicile of residence.
Valeat quantum valere potest.

It shall have effect as far as it can have effect.
Vana est illa potentia quµ nun quam venit in actum

Vain is that power which is never brought into action.
Vana est illa potentia quae numquam venit in actum.

Vain is that power which is never brought into action.
Vani timores sunt aestimandi, qui non cadunt in constantem virum.

Vain are those fears which affect not a valiant man.
167
Vani timories sunt µstimandi qui non candunt in constantem virem

Vain are those fears which affect not a brave man.
Vani timoris justa excusatio non est

A frivolous fear is not a legal excuse.
Vehemens proesumptio
Vehement presumption.
Velle non creditur qui obsequitur imperio patris vel domini

He is not presumed to consent who obeys the orders of his father or his master.
Vendens eandem rem doubus falsarius est.

It is fraudulent to sell the same thing twice.
Vendens eandem rem duobus falsarius est

He is fraudulent who sells the same thing twice.
Vendicatio
A claim.
Venditio
Sale; the act of selling; contract of sale; any mode of alienation.
Venditor
Vendor, seller.
Veniµ facilitas incentivem est delinquendi

Facility of pardon is an incentive to crime.
Veniae facilitas incentivum est delinquendi.

Facility of pardon is an incentive to crime.
Venire de novo
Cause you to come anew; a writ to summon another jury for a new trial. Vera copula consists of erectio & intromissio,
ie, of erection & penetration by the male of the woman.
Verba accipienda sunt secundum subjectam materiem

Words are to be interpreted according to the subject matter.
Verba accipienda ut sortianti effectum

Words are to be taken so that they may have some effect.
Verba aequivoca ac in dubio sensu posita, intelliguntur dignori et potentiori sensu.

Equivocal words and those in a doubtful sense are to be taken in their best and most effective sense.
Verba aliquid operari debent, verba cum effectu sunt accipienda

Words are to be taken so as to have effect.
Verba aliquid operari debent-debent intelligi ut aliquid operantur

Words ought to have some effect; words ought to be interpreted so as to give them some effect.
Verba ambigua fortius accipuntur contra profer entem

Ambiguous words are to be taken most strongly against the person making use of them.
Verba artis ex arte

Terms of art shd be explained from the art.
Verba chartarum fortius accipiuntur contra preferentem

The words of deeds are accepted more strongly against the person offering them.
Verba chartarum fortius accipiuntur contra proferentem

The words of deeds a to be most strongly against the person offering them.
Verba cum effectu accipienda sunt

Words are to be interpreted so as to give them effect.
168
Verba currentis monetµ tempus solutionis designant

The words current money refer to the time of payment.
Verba currentis monetae, tempus solutionis designat.

The words current money, refer to the time of payment
Verba debent intelligi cum effectu

Words ought to be understood with effect.
Verba debent intelligi ut iliquid operentur

Words ought to be so understood that they may have some effect.
Verba dicta de persona, intelligi debent de conditione personµ

Words spoken of the person are to be understood as to the condition of the person.
Verba dicta de persona, intelligi debent de conditione personae.

Words spoken of the person are to be understood of the condition of the person
Verba equivoca ac in dubio sensu posita, intelliguntur digniori et potentiori sensu

Equivocal words & those in a doubtful sense are to be taken in their best & most effective sense.
Verba fortius accipientur contra proferentum.

Words are to be taken most strongly against him who uses them.
Verba fortius accipuntur contra proferentem

Words are to be taken most strongly against him who uses them.
Verba ganeralia restringuntur ad habilitatem rei vel personae.

General words must be confined or restrained to the nature of the subject or the aptitude of the person.
Verba generalia generaliter sunt intelligenda

General words are to be understood in general sense.
Verba generalia generaliter sunt intelligenda.

General words are to be generally understood.
Verba generalia restringuntur ad habilitatem rei vel aptitudinem personµ

General words must be restricted to the nature of subject matter or the aptitude of the person. General words may be
aptly restrained according to the matter or person to which they relate.
Verba illata in esse videntur

Words referred to are to be considered as if incorporated.
Verba in differenti materia per prius, non per posterius, intelligenda sunt
Words referring to different subjects are to be interpreted by what goes before, not by what follows.
Verba intelligenda sunt in casu possibili

Words are to be understood in reference to a possible case.
Verba intentioni et non e contra, debent inservire

Words ought to wait upon the intention, not the reverse.
Verba intentioni, non e contra, debent inservire.

Words ought to be made subservient to the intent, not contrary to it.
Verba ita sunt intelligenda ut res magis valeat quam pereat

Words are to be so understood that the subject matter may be preserved rather than destroyed.
Verba ita sunt intelligenda, ut res magis valeat quam pereat.

Wrods are to be so understood that the subject-matter may be preserved rather than destroyed.
Verba mere µquivoca se per communem usum loquendi in intellectu certo summuntur, talis intellectus prµ
farendus est
When words are merely equivocal, if by common usage of speech they acquire a certain meaning, such meaning is
to be preferred.
Verba nihil operandi melius est quam absurde.

It is better that words should have no operation, than to operate absurdly.
169
Verba nihil operari melius est quam absurde

It is better that words should have no operation than to operate absurdly.
Verba non tem intuenda quam causa et natura rei, ut mens contrahentium ex eis potius quam ex verbis
appareat
Words are not to be looked at so much as the cause & nature of the thing, since the intention of the contracting
parties may appear from those rather than from the words.
Verba offendi possunt, imo ab eis recedre licet, ut verba ad sanum intellectum reducanter
You may disagree with words, nay, you may recede from them, in order that they may be reduced to a sensible
meaning.
Verba ordinationis quando verificari possunt in sua vera significatione, trahi ad extraneum intellectum non
debent
When the words of an ordinance can be made true in their true signification, they ought not to be warped to a foreign
meaning.
Verba posteriora propter certitudinem addita ud priora quµ certitudine indigent sunt referrenda
Subsequent words added for the purpose of certainty are to be referred to the preceding words in which certainty is
wanting.
Verba posteriora propter certitudinem addita, ad priora quae certitudine indigent, sunt referenda.
Words added for the purpose of certainty are to be referred to preceding words, in which certainty is wanting.
Verba pro re et subjecta materia accipi debent

Words should be acceded most favourably to the thing & the subject matter.
Verba quµ aliquid operari possunt non debent esse superflua

Words which can have any effect ought not to be treated as surplusage.
Verba quantumvis generalia ad aptitudinem restringuntur, etiamsi nullam aliam paterentur restrictionem
Words however general are restrained to fitness though they would bear no other restriction.
Verba relata hoc maxime operantur per referentiam ut in eis inesse videntur
Words to which reference is made in an instrument have the same effect & operation as if they were inserted in the
clause referring to them.
Verba relata inesse videntur

Words to which reference is made seem to be incorporated.
Verba secundum materiam subjectam intelling nemo est qui nescit

There is no one who is ignorant that words shd be understood according to the subject matter.
Verba semper accipienda sunt in mitiori sensu

Words are always to be taken in their milder sense.
Verba strictµ significationis ad latam extendi possunt, si subsit ratio

Words of a strict signification can be given a wide signification if reason requires.
Verba sunt indices animi

Words are indication of the intention.
Verbatim
Word by word, exactly.
Verbatim et liberatim
Word for word & letter for letter.
Verbia legisnon recedendum est

From the words of law there should be no departure.
Verbis standum ubi nulla ambiguitas

One must abide by the words where there is no ambiguity.
Verbum imperfecti temporis rem adhuc imperfectum significat

The imperfect tense of the verb indicates an incomplete matter.
170
Verd
The privilege of cutting green wood in the forest for fuel; the right of pasturing animals in the forest.
Verderor
An officer of the forest.
Veredictum, quasi dictum veritas; ut judicium quasi juris dictum.

A verdict is, as it were, the saying of the truth, in the same manner that a judgment is the saying of the law
Verga relata hac maximi operantur per referentiam ut in eis in esse videntur.
Words referred to other words operate chiefly by the reference which appears to be impled towards them.
veritas
truth
Veritas demonstrationis tollit errorem nominis

The truth of the description removes the error of the name.
Veritas demonstrationis tollit errorem nominis.

The truth of the demonstration removes the error of the name
Veritas est justitiate mater

Truth is the mother of justice.
Veritas habenda est in juratore

justitia et judicium in judice: Truth is the desideratum in a juror; justice & judgment in a judge.
Veritas minium altercando amittitur

By too much altercation truth is lost.
Veritas nihil veretur nisi abscondi.

Truth fears nothing but concealment.
Veritas nihil veritur nisi abscondi

Truth fears nothing but concealment.
Veritas nimium altercando amittitur.

By too much altercation truth is lost.
Veritas nominis tollit errorem demonstrationis

The truth of the name takes away the error of description.
Veritatem qui non libere pronunciat, proditor est veritatis.

He who does not speak the truth, is a traitor to the truth.
Very often there is a situation before the Court which no one may have even contemplated at the time of
drafting the Statute or at the time of (the) passing of the Bill. This inevitably leads to the measure of
construction. [In re Regulation of Radio Communication in Canada 1932 AC 304
Mahendra Kumar v St of UP 1988 Cr LJ 544-7 All ]
Vexata quµstio
A vexed question.
Vi
By force.
Vi et armis
With the force and arms.
Via
A path; a public way.
Via alta
The highway.
Via amicabili
In a friendly way.
171
Via antiqua via est tuta

The old way is the safe way.
Via publica
A public way or road.
Via regalis
The highway.
Via trita
The beaten path.
Via trita via tuta

The beaten way is the safe way.
Vicarius non habet vicarium

A deputy cannot appoint a deputy.
Vicarius non habet vicaruim.

A deputy cannot appoint a deputy.
Vice versa
The other way around.
Vicini viciniora prµ summuntur scire

Neighbours are presumed to know things of the neighbourhood.
Vide
See
Videbis ea sµpe committi, qual sµpe vindicantur

You will see those offences often committed which are often punished.
Videlicet
That is to say; namely.
Vidua
Widow.
Viduitas
Widowhood.
Vigilantibus et non dormientibus serviunt leges.

The laws serve the vigilant, not those who sleep upon their rights
Vigilantibus non dormientibus jura subveniunt

The laws serve the vigilant, not those who sleep.
Vim vi repellere licet, modo fiat moderamine inculpatµ tutelµ non ad sumendam vindictam, sed ad
propulsandam injuriam
It is lawful to repel force by force; but let it be done with the self-control of blameless defenceù not to take revenge
but to repel injury.
Vincit omnia veritas

Truth conquers all things.
Vinculum
Relation: Connection.
Vinculum juris
Fuzlunbi v Vali K Khader Vali 1980 SC 1731.
Vinculum matrimonii
The bond or tie of marriage; matrimonial obligation.
Vindicatio
The claiming of a thing as ones own.
172
Viperina est expositio quµ corrodit viscera textus

That is a viperous exposition which gnaws out the bowels of the text.
Viperina est expositio quae corrodit viscera textus.

That is a viperous exposition which gnaws or eats out the bowels of the text.
Vir
A man, husband.
Vir et uxor
Husband & wife.
Vir et uxor consentur in lege una persona

Husband & wife are considered one person in law.
Vir et uxor consentur in lege una persona.

Husband and wife are considered one person in law.
Vir et uxor sunt quasi unica persona, quia caro una et sanguis unus
Husband & wife are, as it were, one person, one flesh & one blood.
Vis
Force.
Vis abiativa
Ablative force; force exerted in taking away a thing from another.
Vis armata
Armed force.
Vis clandestina
Clandestine force.
Vis compulsiva
Compulsive force.
Vis divina
Divine force.
vis et metus
force and fear
Vis expulsiva
Expulsive force.
Vis impressa
Impressed force.
Vis injuriosa
Wrongful force.
Vis laica
Force used to hold possession.
Vis legibus est inimica.

Force is inimical to the laws.
Vis legibus est intimica

Force is inimical to the law.
Vis lycita
Lawful force.
Vis major
Irresistible force; Act of God.
173
Vis perturbativa
Perturbative force.
Vis proxitna
Immediate force.
Vis simplex
Simple/mere force.
Visitationem commendamus
We recommend a visitation.
Vitium clerici nocere non debet

Clerical errors ought not to prejudice.
Vitium clerici nocere non debet.

Clerical errors ought not to hurt.
vitium reale
An inherent taint or defect in a title to property (also known as labes realis)
Vivary / viarium
A place where animals are kept, usually applied to parks.
Vix emissa voat-Iitera scripta manet

Words spoken vanish, words written remain.
Vix ulla lex fieri potest quµ omnibus commoda sit, sed si majori parti prospiciat, utilis est
Scarcely any law can be made which is beneficial to all, but if it benefits the majority, it is useful.
Voir dire
Examination of a witness in a series of questions by the court & usually in the nature of an examination as to his
competency to give evidence on some other collateral matter. And this takes place generally prior to his exam-in-chief.
Volens
Willing.
Volenti non fit injuria

An injury is not done to one consenting to it.
Voluit sed non dixit.

he willed but did not say.
Voluntas donatoris, in charta doni sui manifesta expressa, observetur

The will of the donor, clearly expressed in the deed, should be observed.
Voluntas et propositum distinguunt maleficia

The will & the proposed end distinguish crimes.
Voluntas facit quod in testamento scriptum valeat

The will of the testator gives validity to what is written in the will.
Voluntas in delictis non exitus spectatur

In offences, the will & not the consequences are to be looked to.
Voluntas in delictis non exitus spectatur.

In offences, the will and not the consequences are to be looked to.
Voluntas reputatur pro facto

The will is taken for the deed
Voluntas testatoris ambulatoria est esque ad mortem

The will of a testator is ambulatory (changeable) until his death. Voluntas testatoris est ambulatoria usqueat
extremum, vitµ exitum. The will of a testator is ambulatory until the last moment of his life.
Voluntas testatoris ambulatoria est usque ad mortem.

The will of a testator is ambulatory until his death; that is, he may change it at any time.
174
Voluntas testatoris habet interpretationem latam et benignam

The will of the testator should receive a broad & liberal interpretation.
Voluntas ultima testatoris est perimplenda secundum veram intentionem suam

The last will of a testator is to be fulfilled according to his true intention.
Volunti non fit injuria.

He who consents cannot receive an injury.
Vox emissa volat

litera scripta manet: The spoken word flies away; the written one remains.
Vox populi
Voice of the people.
Vreba aliquid operari debent, verba cum effectu sunt accipienda.

Words are to be taken so as to have effect.
Vulgaris opinio
Common opinion.
Vulgaris purgatio
Common purgation.
Vulgo concepti/quµsiti
Spurious children; offspring of promiscuous cohabitation.
175

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LEGAL MAXIMS- COMPILED BY ADITYARAJ AND TAKEN FROM MANUPATRA

A communi observantia non est recedendum

A communi observantia non est recedendum.

A digniori fled debet denominatio et resolutio

A l'impossible nul n'est tenu

A piratis et latronibus capta dominium non mutant

A spollatus debet ante omnia restltui

A summo remedio ad inferiorem actionem non habetur regressus, neque auxilium

A tempore cujus contradi memoria non existet

A tort on, a droit

A verbis legis non est recedendum

Ab abusu ad usum non valet consequentia

Ab assuetis non fit injuria

Absence cum dolo et culpa

Absoluta sententia expositore non indiget

Abundans cautela non nocet

Accessio cedit principali

Accessorium non ducit sed sequitur suum principale.

Accessorium non ducit, sed sequitur suum principale

Accessorium non trahit principale

Accessorium sequitur naturam rei cui accedit

Accessorium sequitur principale

Accessorius sequit naturam sui principalis.

Accessorius sequitur naturam sui principalis

Accusare nemo debet se, nisi coram Deo.

Accusare nemo se debet

Acta exteriora indicant interiora secreta

Acta exteriora iudicant interiora secreta

Actio exteriora indicant interiora secreta.

Actio non accrevit infra sex annos

Actio non datur non damnificato

Actio non datur non damnificato.

Actio personalis moritur cum persona

Actio personalis moritur cum persona.

Actio quaelibet it sua via

Actionum genera maxime suntservanda

Actor qui contra regulam quid abduxit, non est audiendus

Actor qui contra regulam quid adduxit, non est audiendus

Actor sequitur forum rei.

Actor sequitur forum rel

Actore non probante reus absolvitur.

Actori incumbit onus probandi

Actorl non probante absolvitur reus

Actus curiaz neminem gravabit

Actus Dei nemini facit injuriam

Actus Dei nemini facit injuriam.

Actus Dei nemini nocet

Actus incseptus cujus perfectio pendet ex voluntate partium revocari potest

Actus judiciarius coram non judice irritus habetur

Actus legis nemini facit injuriam,

Actus legitimi non recipiunt modum

Actus me invito factus, non est meus actus.

Actus ne invito factus non est meus actus

Actus nemini facit injuriam

Actus non facit reum nisi mens sit rea

Actus non facit reum, nisi mens sit rea

Actus non reum facit, nisi mens sit rea.

Actus repugnum non potest in esse produce

Ad abundantio rem cautelam

Ad ea quae frequentius acciduunt jura adaptantur